[DOWNLOAD] "Michael Barber v. Ralston Purina" by Western Section, at Jackson Court of Appeals of Tennessee # eBook PDF Kindle ePub Free

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eBook details

• Title: Michael Barber v. Ralston Purina
• Author : Western Section, at Jackson Court of Appeals of Tennessee
• Release Date : January 06, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Plaintiff, Michael Barber, who is an employee for Mid-South Maintenance, Inc., brought this action in the Circuit Court at
Shelby County seeking damages for personal injuries he suffered while working at the Ralston Purina plant. Plaintiff recovered
worker's compensation benefits from his immediate employer, Mid-South Maintenance, and brought this action in tort against
Ralston Purina. The trial court granted defendant's motion for summary judgment finding that plaintiff's suit is barred by
the exclusive remedy clause in T.C.A. § 50-6-108. The facts are generally undisputed. Plaintiff is an employee of Mid-South Maintenance. On April 16, 1985 Mid-South Maintenance
entered into a contract with defendant for Mid-South Maintenance to "install process piping and process equipment for the
manufacturer of wet product in the Market Development Unit in the existing protein processing plant." On June 24, 1985 while
working at defendant's plant, plaintiff slipped and fell from a ladder and he suffered injuries to his back, left arm, hand,
wrist, and left knee. In his complaint plaintiff asserts that his injuries are the direct and proximate cause of defendant's
negligence because the area where plaintiff was working was covered with slippery chemicals from tanks and lines and defendant
should have known of the defective condition. Plaintiff obtained worker's compensation benefits from Mid-South Maintenance
and brought this tort action to obtain damages for his injuries. Defendant filed a motion for summary judgment which the trial
court granted finding that defendant was a statutory employer and therefore plaintiff's claim is barred by the exclusive remedy
provision in T.C.A. § 50-6-108. We affirm.

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