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TAM-BYTES

August 28, 2017


Vol. 20, No. 35

TAM Webinars

Client Cybersecurity Update: Top 10 Things to Do in the Event of a


Data Breach, 60-minute webinar presented by Paige Boshell & Mike
Pennington, with Bradley Arant Boult Cummings in Birmingham, AL, and
Alex Purvis, with Bradley Arant Boult Cummings in Jackson, MS, on
Wednesday, September 27, at 2 p.m. (Central), 3 p.m. (Eastern).
For more information, visit: www.mleesmith.com/data-breach-092717
or call (800) 727-5257.

How to Identify and Resolve Real Property Title Issues in Tennessee,


60-minute webinar presented by Ralph Al Owen Frazier, Jr., with Old
Republic National Title Insurance Company in Nashville, on Tuesday,
October 17, at 2 p.m. (Central), 3 p.m. (Eastern).
For more information, visit: www.mleesmith.com/title-exams-101717
or call (800) 727-5257.

The Tennessee Attorneys Gun Laws Update: Where, When, and How
Clients Can Possess Firearms, 60-minute webinar presented by Dana
McLendon, with McLendon & Milligan in Franklin, on Thursday, October
19, at 10 a.m. (Central), 11 a.m. (Eastern).
For more information, visit: www.mleesmith.com/gun-101917
or call (800) 727-5257

On-Site Events
Family Law Conference for Tennessee Practitioners
WHEN: THURSDAY & FRIDAY, OCTOBER 12 & 13 and
THURSDAY & FRIDAY, NOVEMBER 30 & DECEMBER 1
WHERE: Nashville School of Law
CLE: Earn 15 hours of CLE 12 hours of GENERAL and 3 hours of DUAL
OCTOBER FACULTY: David Anthony, Bone McAllester Norton, Nashville; Dawn
Coppock, Strawberry Plains attorney; Sandy Garrett, Chief Disciplinary Counsel, Board
of Professional Responsibility; Jason Hicks, Moore, Rader, Fitzpatrick & York,
Cookeville; C. Jay Ingrum, Phillips & Ingrum, Gallatin; Stanley A. Kweller, Jackson,
Kweller, McKinney, Hayes, Lewis & Garrett, Nashville; Sean J. Martin, Martin Heller
Potempa & Sheppard, Nashville; Chancellor Larry McMillan, chancery court, 19th
Judicial District; Marlene Eskind Moses, MTR Family Law, Nashville; Phillip R.
Newman, Puryear, Newman & Morton, Nashville; Judge Phillip Robinson, circuit court,
Davidson County; Kevin Shepherd, Maryville attorney; Greg Smith, Stites & Harbison,
Nashville; Scott Womack, Lattimore Black Morgan & Cain, Nashville; and Judge
Thomas Wright, circuit court, 3rd Judicial District

DECEMBER FACULTY: Amy J. Amundsen, Rice, Amundsen & Caperton, Memphis;


David Anthony, Bone McAllester Norton, Nashville; Judge Mike Binkley, circuit court,
21st Judicial District; Chancellor Jerri S. Bryant, chancery court, 10th Judicial District;
Judge Robert L. Childers, retired circuit court judge, Shelby County; Dawn Coppock,
Strawberry Plains attorney; Jason Hicks, Moore, Rader, Fitzpatrick & York, Cookeville;
C. Jay Ingrum, Phillips & Ingrum, Gallatin; Chancellor Larry McMillan, chancery
court, 19th Judicial District; Marlene Eskind Moses, MTR Family Law, Nashville;
Phillip R. Newman, Puryear, Newman & Morton, Nashville; Judge Phillip Robinson,
circuit court, Davidson County; Kevin Shepherd, Maryville attorney; Eileen Burkhalter
Smith, Disciplinary Counsel, Board of Professional Responsibility; and Greg Smith,
Stites & Harbison, Nashville

HIGHLIGHTS: Protecting a clients separate assets; dividing/valuing marital


property; orders of protection/domestic violence issues; relative/stepparent/adult
adoptions; technology for the family law practitioner; modifying permanent
parenting plans; practical tips from judges across the state; hot topics in child
custody/property division; tax issues in divorce; civil and criminal contempt in
family matters; use of trusts in family law practice; discovery abuses and
remedies; dealing with children in a divorce case; tips for effective direct/cross-
examination; case law/legislative update; ethics and professionalism in family
law practice; and attorneys ethical use of social media

PRICING: $497 (full program) ($427 for any additional attendees from same firm);
$347 (one day only); and $247 (materials only)
$50 early bird discount until September 1 (October conference)
$50 early bird discount until October 20 (December conference)

For more information, visit www.mleesmith.com/family-law-conference or call (800) 727-5257.


10th annual
Tennessee Real Estate Law Conference
WHEN: FRIDAY, OCTOBER 20
WHERE: Nashville School of Law
CLE: Earn 7.5 hours of CLE 6.5 hours of GENERAL and 1 hour of DUAL

SPEAKERS: Kim A. Brown, Sherrard Roe Voigt & Harbison, PLC, Nashville; Jason
Holleman, West Nashville Law Group, Nashville; Anita I. Lotz, Farris Bobango PLC,
Memphis; Michael Patton, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC,
Memphis; Elizabeth C. Sauer, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC,
Nashville; Brooks R. Smith, Bradley Arant Boult Cummings LLP, Nashville; Wesley D.
Turner, Gullett Sanford Robinson & Martin PLLC, Nashville; Heather Howell Wright,
Bradley Arant Boult Cummings LLP, Nashville

HIGHLIGHTS: Kim Brown touches on many of the aspects of a commercial real estate
transaction by looking at resources and samples of documents that help to address the
various aspects of the transaction; Brooks Smith looks at inspection and diligence issues,
representations and warranties, covenants, and other details to making sure the sale goes
smoothly; Michael Patton reviews what events are covered by title insurance, how to
make a claim, and why title insurance companies deny claims and also discusses
litigation, arbitration, and the bad faith penalty; Heather Wright gives an overview of
insurance provisions in commercial leases, including coverage of tenant-installed fixtures
and improvements, coverage for damages and destruction of property, and waivers of
subrogation; Elizabeth Sauer explains special considerations for commercial and
investment transactions, including entity formation, CAP rate, zoning concerns, and 1031
exchanges; Anita Lotz details the closing process for commercial real estate
transactionsopening the closing, reviewing the sale agreement, reviewing the closing
package, and preparing and approving the documents and gives examples of closing
checklists; Jason Holleman reviews ethical concerns in boundary law, including attorney
fees, confidentiality, communication with unrepresented parties, and conflicts of interest;
and Wes Turner updates attorneys on the latest appellate court cases and legislation in
the real estate law area.

PRICING: $377 (full program) ($297 for any additional attendees from same firm);
and $197 (materials only)
*Take $50 off until September 8 (early bird discount)*

For more information, visit www.mleesmith.com/trel or call (800) 727-5257.


11th annual
Tennessee Workers Comp Conference
WHEN: WEDNESDAY, THURSDAY & FRIDAY, NOVEMBER 8-10
WHERE: Nashville Hilton Airport
CLE: Earn 15 hours of CLE 14 hours of GENERAL and 1 hour of DUAL

SPEAKERS: WORKERS COMP JUDGES: Judge Marshall Davidson; Judge


Pamela Johnson; and Chief Judge Ken Switzer. TENNESSEE BUREAU OF
WORKERS COMPENSATION: Troy Haley. WORKERS COMP/EMPLOYMENT
LAW ATTORNEYS: Mary Dee Allen, Wimberly Lawson Wright Daves & Jones PLLC;
Fred Baker, Wimberly Lawson Wright Daves & Jones PLLC; Leslie Bishop, Lewis,
Thomason, King, Krieg, & Waldrop, P.C.; Kitty Boyte, Constangy, Brooks, Smith &
Prophete, LLP; Catherine Dugan, Peterson White; Frank Gallina, Parker, Lawrence,
Cantrell & Smith; Howard M. Kastrinsky, King & Ballow; Rockforde (Rocky) D. King,
Egerton, McAfee, Armistead & Davis, P.C.; Charles (Chuck) J. Mataya, Bradley Arant
Boult Cummings LLP; Marshall McClarnon, Ponce Law; Lynn C. Peterson, Lewis,
Thomason, King, Krieg & Waldrop, P.C.; Mallory Schneider Ricci, Constangy, Brooks,
Smith & Prophete, LLP; Steven L. Shields, Jackson, Shields, Yeiser & Holt; Steven N.
Snyder, Jr., McAngus Goudelock & Courie; and Kenneth D. Veit, Leitner, Williams,
Dooley & Napolitan PLLC. OTHERS: Wendy Fisher, Safety Compliance Manager with
Tennessee OSHA; Dr. Jeffrey Hazlewood, Board Certified in Physical Medicine and
Rehabilitation, subspecialty Board Certification in Pain Medicine; and Dawn Trojan-
Randle, Claim Specialist at Brentwood Services.

HIGHLIGHTS: Insight from judges on the Court of Workers Compensation Claims


and the Workers Compensation Appeals Board; a panel discussion with attorneys and
physicians on the medical and legal determinations of causation in a workers comp case;
challenges faced by employers when dealing with social media in the workplace; tips on
how to avoid the imposition of penalties; a doctors perspective on the opioid epidemic;
interplay between workers comp, the ADA, and the FMLA; termination and retaliation
issues; attorney track also includes a session on whats new with Medicare set-asides,
ethical issues arising during mediation, medical issues in a workers comp claim, the
settlement process; hot topics from the plaintiffs perspective, and a panel discussion
featuring defense and plaintiffs attorneys; and review of the latest cases from the
Workers Compensation Appeals Panels, Workers Compensation Appeals Board, and
Court of Workers Compensation Claims.

PRICING: $547 (full program) ($477 for any additional attendees from same firm
or subscribers to Tennessee Workers Comp Reporter or the Tennessee Employment
Law Letter); $347 (Thursday only); and $247 (materials only)
*Take $50 off of full program until October 13 (early bird discount)*

For more information, visit www.mleesmith.com/trel or call (800) 727-5257.


Law Conference for Tennessee Practitioners
WHEN: THURSDAY & FRIDAY, NOVEMBER 16 & 17
WHERE: Nashville School of Law
CLE: Earn 15 hours of CLE 12 hours of GENERAL and 3 hours of DUAL

SPEAKERS: Judge John W. McClarty, Court of Appeals, Eastern Section; Chancellor


Ellen Hobbs Lyle, Chancery Court/Business Court, Davidson County; Chancellor
Russell T. Perkins, Chancery Court, Davidson County; Judge Thomas S. Wright,
Circuit Court, Third Judicial District (Greene, Hamblen, Hancock, and Hawkins
counties); Brandon Bass, Law Offices of John Day, PC; Griffin S. Dunham, Dunham
Hildebrand PLLC; Christopher S. Dunn, Waller Lansden Dortch & Davis LLP; Donald
J. Farinato, Hodges, Doughty & Carson PLLC; Sandy Garrett, Chief Disciplinary
Counsel, Board of Professional Responsibility; Michael H. Johnson, Howard, Tate,
Sowell, Wilson, Leathers & Johnson PLLC; Brenton H. Lankford, Stites & Harbison
PLLC; Rachel Schaffer Lawson, Schaffer Law Firm PLLC; Mark E. McGrady, Farrar
& Bates LLP; Melanie M. Stewart, Heaton and Moore PC; and Joseph L. Watson,
Waller Lansden Dortch & Davis LLP

HIGHLIGHTS: Ramifications of the Dedmon decision; researching automobile


insurance coverage; latest trends in suits against motor vehicle manufacturers;
admissibility of expert testimony is the expert competent and will the testimony
substantially assist the jury?; subrogation and lien issues Medicaid/Medicare liens,
hospital liens, and workers comp liens; effective motion practice for todays civil
practitioner; assessing the viability of a slip, trip, and fall case; effective use of social
media in litigation; medical discovery and special issues in uninsured/underinsured
motorist cases; advanced deposition strategies; review of recent personal injury cases;
accepting, declining, and terminating legal representation; and attorney ethics conflicts
of interest, attorney fees, and social media.

PRICING: $497 (full program) ($427 for any additional attendees from same
firm/$397 for full program for lawyers 65 and over and lawyers in practice for two
years or less); $447 (full program less ethics); $297 (One day only); $147 (ethics
only); and $247 (materials only)
*Take $50 off until October 13 (early bird discount)*

For more information, visit www.mleesmith.com/tlc or call (800) 727-5257.


Probate & Estate Planning Conference for Tennessee Attorneys
WHEN: THURSDAY & FRIDAY, DECEMBER 7 & 8
WHERE: Nashville School of Law
CLE: Earn 15 hours of CLE 12 hours of GENERAL and 3 hours of DUAL

SPEAKERS: Rebecca Blair, The Blair Law Firm, Brentwood; Alan L. Cates, Husch
Blackwell LLP, Chattanooga; Harlan Dodson, Dodson, Parker, Behm & Capparella
P.C., Nashville; Donald J. Farinato, Hodges, Doughty & Carson, PLLC, Knoxville;
Elizabeth B. Hickman, Goodman Callahan & Blackstone, PLLC, Nashville; Glen Kyle,
Monica Franklin & Associates, LLC, Knoxville; Patrick B. Mason, Mason Zoccola Law
Firm, PLLC, Memphis; Steve McDaniel, Williams McDaniel, Memphis; Sara E.
McManus, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Chattanooga; Hunter
R. Mobley, Howard Mobley Hayes & Gontarek, PLLC, Nashville; Jeff Mobley, Howard
Mobley Hayes & Gontarek, PLLC, Nashville; Julie Travis Moss, The Blair Law Firm,
Brentwood; and Michelle Poss, Law Office of A. Michelle Poss, Nashville

HIGHLIGHTS: Use of various trusts as estate planning tools; tips for drafting wills in
2018; trust drafting tips with samples; duties and liabilities of personal representatives;
implementing and handling conservatorships and guardianships; what to look for in
reviewing existing estate plans; dealing with tax issues when administering an estate;
using charitable trusts effectively; tips for drafting estate planning documents;
establishing a special needs trust; planning for a clients long-term care; understanding
issues that arise in small estates; probate litigation case law and legislative update; ethical
issues facing trust and estate planning attorneys; and ethical issues that arise when
choosing a client.

PRICING: $497 (full program) $70 off for any additional attendees from same
firm); $347 (One day only); and $247 (materials only)
*Take $50 off until November 3 (early bird discount)*

For more information, visit www.mleesmith.com/tpep or call (800) 727-5257.

IN THIS WEEKS TAM-Bytes

Supreme Court overrules Barney based on its reliance on due process


analysis in sexual assault case, and holds that propriety of multiple
convictions of sexual offenses arising from allegedly single sexual
assault must be analyzed under principles of double jeopardy as set
forth in Watkins;
Court of Workers Comp Claims rejects employers idiopathic injury
defense when even though what caused truck driver to slump over
before veering off road is unknown, cause of his injury arose
primarily from hazard incident to employment, namely operation of
truck within course and scope of his employment;
Court of Appeals says that because General Assembly has not enacted
statute expressly authorizing assessment of attorney fees against
county in property tax assessment challenge, trial court has no
authority to assess attorney fees against county in such case;
Court of Criminal Appeals, in modifying conviction for voluntary
manslaughter to reckless homicide, says it is virtual legal
impossibility for small child to commit act that would amount to
provocation sufficient to make his or her subsequent death voluntary
manslaughter rather than murder; and
Court of Criminal Appeals rules that although issue of when search
warrant for forensic analysis of digital device, such as cell phone, that
has already been seized by law enforcement has been executed is one
of first impression, because search warrant for defendants cell phones
was not executed until cell phones were transferred to TBI, search
warrant was valid.

SUPREME COURT

CRIMINAL PROCEDURE: Defendant's dual convictions for attempted


aggravated sexual battery (in Count 1) and rape of child (in Count 3)
violated double jeopardy when defendant's conduct during both acts
constituted single, continuous episode of sexual assault; defendant's
attempted aggravated sexual battery conviction is merged into his rape of
child conviction; double jeopardy principles, as set forth in State v. Watkins,
362 SW3d 530 (Tenn. 2012), not due process analysis, apply when
determining whether multiple convictions of sexual offenses arise from
single act of sexual assault, and, as such, State v. Barney, 986 SW2d 545
(Tenn. 1999), which relied on due process analysis in sexual assault case, is
expressly overruled. State v. Itzol-Deleon, 8/25/17, Nashville, Bivins,
unanimous, 20 pages.
http://www.tncourts.gov/sites/default/files/itzol-deleonopn.pdf

COURT OF APPEALS

PROPERTY: In case in which homeowners association filed suit against


appellants, owners of lots in development, to collect association fees, trial
court properly held that homeowners association, non-profit corporation,
was not authorized to formally assess association fees until it elected board
of directors (board); trial court correctly charged appellants with association
fees accruing after election of board and denied appellants counter-
complaint for quantum meruit damages allegedly accrued for upkeep of
certain common areas, which remained under appellants ownership.
Germantown Manor Homeowners Association Inc. v. GGAT Development
Corp., 8/24/17, Jackson, Armstrong, 12 pages.
http://www.tncourts.gov/sites/default/files/germantownmanoropn.pdf

GOVERNMENT: In case in which taxpayer successfully challenged


appraisal value assigned to his real property by Roane County Property
Assessor, trial court erred in granting taxpayers request for attorney fees;
although courts may use their equitable powers to make award of attorney
fees in certain circumstances, doctrine of sovereign immunity requires that
legislature expressly authorize assessment of attorney fees against
governmental entity; because General Assembly has not enacted statute
expressly authorizing assessment of attorney fees against county in property
tax assessment challenge, trial court had no authority to assess attorney fees
against Roane County. Zumstein v. Roane County Executive/Mayor,
8/21/17, Knoxville, Goldin, 8 pages.
http://www.tncourts.gov/sites/default/files/roy_zumstein_v._roane_county_executive_mayor_assessor_of_
property_trustee.pdf

COURT OF CRIMINAL APPEALS

CRIMINAL LAW: Evidence was not sufficient to convict defendant of


voluntary manslaughter (as lesser included offense of felony murder) of 18-
month-old victim when there was no evidence introduced that adequate
provocation existed it is virtual legal impossibility for small child to
commit act that would amount to provocation sufficient to make his or her
subsequent death voluntary manslaughter rather than murder, and victims
act of losing one of her socks certainly did not constitute adequate
provocation to support voluntary manslaughter conviction; when jury
convicts defendant of lesser included offense, and court later concludes that
convicted offense was not properly charged lesser included offense,
convicted offense may be modified to next properly-charged lesser-included
offense that was supported by evidence; case is remanded to trial court for
modification of judgment form to reflect conviction and sentence of four
years for reckless homicide on Count 2; defendants aggravated child
neglect conviction is affirmed. State v. Benesch, 8/25/17, Nashville,
Thomas, 49 pages.
http://www.tncourts.gov/sites/default/files/benesh_edward_joseph_ii_opn.pdf

CRIMINAL PROCEDURE: In case in which defendants were each


convicted of conspiracy to commit first degree murder and solicitation to
commit first degree murder, trial judge erred in denying their motions to
suppress evidence retrieved during warrantless searches of their cell phones
but error was harmless when evidence of defendants guilt was
overwhelming and admission of illegally seized evidence from defendants
cell phones did not contribute to verdict; although issue of when search
warrant for forensic analysis of digital device, such as cell phone, that has
already been seized by law enforcement officers has been executed is one of
first impression in Tennessee, because search warrant for defendants cell
phones was not executed until officer transferred cell phones to TBI
technical service unit, search warrant was valid; TBI agents administrative
subpoena power pursuant to TCA 38-6-102(a) provides that subpoenas may
be issued for witnesses as well as documentary evidence. State v. Patel,
8/25/17, Nashville, Thomas, 31 pages.
http://www.tncourts.gov/sites/default/files/patel_kalpesh_and_pratikkumaropn.pdf

APPEAL & ERROR: State does not have appeal as of right under TRAP
3(c) to appeal dismissal of motor vehicle habitual offender (MVHO)
petition; MVHO Act is not ambiguous and is not penal in nature. State v.
Davis, 8/24/17, Knoxville, Holloway, 6 pages.
http://www.tncourts.gov/sites/default/files/william_christopher_davis_opinion_0.pdf

CRIMINAL SENTENCING: Because aggravated child abuse and


aggravated child neglect are separate offenses and because only aggravated
child abuse is included in enumerated offenses in TCA 40-35-501(i)(2),
aggravated child neglect is not conviction for which 100% release eligibility
is required. State v. Johnson, 8/21/17, Jackson, Dyer, 17 pages.
http://www.tncourts.gov/sites/default/files/johnson_errol_opn.pdf

TRIAL COURTS

COMMERCIAL LAW: When plaintiff shareholders sought summary


judgment to determine as matter of law that individual defendant directors of
defendant corporation have unlawfully had their legal fees paid by
corporation, relief is denied because defendants have not been wholly
successful in defending claims alleged against them as mandatory
indemnification under TCA 48-18-503 is not triggered until conclusion of
suit; as to permissive indemnification, wording of affirmations
communicates in substance that person providing affirmation is attesting that
actions were taken in good faith as required by TCA 48-18-504(a)(1) and
(2); defendant directors did not comply with TCA 48-18-504(c) and 48-18-
506 when defendant did not employ any of three methods to be used board
vote, appointed committee vote, or independent legal counsel before
payment of litigation defense costs and fees of directors may be advanced by
corporation. Weedman v. Sanders Manufacturing Co., 6/13/17, Davidson
Chancery, Lyle, 15 pages.
https://www.tncourts.gov/docs/documents/trial-court/biz-court-kathy-holt-weedman-etal-v-sanders-manufacturing-company-et-al6

COURT OF WORKERS COMP CLAIMS

WORKERS COMPENSATION: When employee, over-road truck driver,


was driving on interstate in Alabama when his truck veered to left, crossed
median and oncoming lanes, and crashed into wooded area on opposite side
of roadway, and employer argued that footage video from camera that
employer programmed to record uncommon events in truck established
employee was slumped in his seat for no apparent reason except that he was
either asleep or unconscious just prior to accident, which is what caused
[it], employers idiopathic injury defense is rejected as even though what
caused employee to slump over is unknown, cause of his injury arose
primarily from hazard incident to employment, namely operation of truck
within course and scope of his employment; employer argued that employee
violated TCA 50-6-110(a)(5) because he failed to perform duty required by
law, but employee did not willfully violate any duty required of him by
law as there is no evidence that employee willfully drove truck on day of
accident knowing he was too fatigued or impaired to safely operate truck,
and there is no evidence he willfully drove truck recklessly or in defiance of
Alabama law. Butler v. AAA Cooper Transportation, 6/8/17, Jackson,
Phillips, 9 pages.
http://trace.tennessee.edu/cgi/viewcontent.cgi?article=1832&context=utk_workerscomp

WORKERS COMPENSATION: When employer claimed he dislocated


his right knee patella while working as delivery driver, employees knee
condition developed during employer-sanctioned break that employers
allows all drivers to take during course of their shift, and employee had
made between 60 and 70 deliveries before taking break in early afternoon,
by taking his sanctioned break at time convenient to employee and his work
schedule, rest break fell within course and scope of employment; when
employee alleged he suffered injury while simply walking, he is unlikely to
prevail at hearing on merits in proving he suffered acute injury to his knee
that arose primarily out of his work for employer; ruling that employee is
unlikely to prove he suffered acute injury does not foreclose him from
proving he suffered gradual injury, but medical evidence presented at this
time is insufficient to support such finding; although doctor causally related
employees knee injury to his work, there was no additional testimony to
indicate why he did so, causation letter simply states employee suffered new
workplace injury and that cause or aggravation was at least 50%
responsible for his present need for knee surgery, and, without further
explanation, doctors blanket causation statement, which emanated from
medical history of walking in a straight line, is insufficient to show that
employee suffered gradual injury. Foriest v. UPS, 6/7/17, Nashville, Baker,
10 pages.
http://trace.tennessee.edu/cgi/viewcontent.cgi?article=1835&context=utk_workerscomp

WORKERS COMPENSATION: When Starrun, Inc., trucking company,


arranged for him to pick up load of industrial walk-in refrigerator panels at
KPS Global facility in Piney Flats, Tenn, for transport to East Liverpool,
Ohio, employee drove flatbed truck owned by Starrun to KPS facility,
Starrun also provided tarp to be placed over load, when he arrived at KPS,
several other trucks were in line to be loaded with panels, KPS employee
instructed employee to back into loading bay, where other KPS employees
loaded his truck with refrigerator panels, forklift operator then placed tarp on
top of load, employee began to tarp his load in bay, but KPS employee
instructed him to pull outside to finish, employee moved his loaded truck
outside of covered facility to complete tarping, while attempting to tarp his
load, employee slipped and fell approximately 10 feet onto his trucks metal
catwalk below, and Starrun, which only employed four employees, did not
qualify as employer under workers comp law, Meadow Lark Agency,
which provides brokerage services between trucking company and
manufacturers, was not statutory employer; KPS, manufacturer of industrial
refrigerator panels, was not statutory employer when there was no evidence
that KPS engaged in shipping of its product or had any employees that did
so, either its customers provide shipping directly or its broker arranged
carriers to do so, and type of control KPS engages in with regard to truck
drivers shipping its product is generally limited to orderly movement of
trucks in and out of its loading bays. Osborne v. Starrun Inc., 6/8/17,
Kingsport, Addington, 10 pages.
http://trace.tennessee.edu/cgi/viewcontent.cgi?article=1836&context=utk_workerscomp
If you would like a copy of the full text of any of these opinions, simply
click on the link provided or, if no link is provided, you may respond to
this e-mail or call us at (615) 661-0248 in order to request a copy. You
may also view and download the full text of any state appellate court
decision by accessing the states web site by clicking here:
http://www.tncourts.gov