Date of Case Completion:
November 22, 2019
Category:
Workers’ Compensation Defense / Co-Worker Liability / Motor Vehicle Accident
Summary:
McLemore Law PLLC obtained summary judgment in favor of James Taylor by invoking Tennessee’s workers’ compensation exclusivity provisions. The court ruled that plaintiff Gregory Suggs, who had already filed a workers’ comp claim, was barred from pursuing a separate negligence claim against his co-worker James Taylor following a motor vehicle accident that occurred during the course of their employment.
Description:
Case Name: Gregory Suggs v. Jesus Robinzon, James Todd, Timothy Givens, James E. Taylor, and John Doe
Court: Eighth Circuit Court of Davidson County, Tennessee at Nashville
Case No.: 18C1524
This case stemmed from a February 24, 2017, motor vehicle accident involving multiple vehicles on Interstate 24. Gregory Suggs, a passenger at the time, was riding in a vehicle operated by James Taylor—both were co-workers traveling in the course of their employment. Suggs later filed a workers’ compensation claim with Traveler’s Insurance for his injuries.
Despite receiving workers’ compensation benefits, Suggs filed suit alleging negligence against Taylor. McLemore Law PLLC, representing Mr. Taylor, filed a Motion for Summary Judgment citing Tenn. Code Ann. §§ 50-6-108 and 50-6-112, and relevant case law including Majors v. Moneymaker, arguing that Tennessee law prohibits employees from suing co-workers for injuries sustained in the course of employment when workers’ compensation applies.
The Court agreed, holding that Suggs was legally barred from bringing suit, and granted judgment as a matter of law in favor of James Taylor on November 22, 2019.