Statutory Employer Defense is Affirmed by Western Section

FAYETTE JANITORIAL SERVICES and TECHNOLOGY INSURANCE COMPANY, AS ASSIGNEE OF THE CLAIMS OF WESLEY KENNEDY v. KELLOGG USA, INC.
Court: TN Court of Appeals

Attorneys:

Benjamin F. Gallagher, St. Paul, MN; Brian L. Yoakum, Memphis, Tennessee, for the appellants, Fayette Janitorial Services and Technology Insurance Company, as Assignee of the Claims of Wesley Kennedy

R. Scott McCullough, Richard Sorin, Memphis, Tennessee, for the appellee, Kellogg USA, Inc.

Judge: HIGHERS

This appeal involves a tort suit filed after a workplace injury. The defendant filed a motion for summary judgment, contending that it was a statutory employer within the meaning of the Workers’ Compensation Law, Tenn. Code Ann. § 50-6-113, and therefore, it was immune from the tort claim asserted on behalf of the injured worker. The trial court granted the defendant’s motion for summary judgment. Plaintiffs appeal. We affirm.

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