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Tort and Insurance Law Section

This section provides a venue for attorneys to share views and to develop relationships with colleagues in this area of practice. The section offers CLE on issues impacting both tort and insurance law and sends out case updates to its members.

Tort and Insurance Law Leadership

Chair Jim Wright Butler, Vines & Babb PO Box 2649 Knoxville, TN 379012649 See map: Google Maps jwright@bvblaw.com (865)637-3531	Immediate Past Chair Joe DeGaetano DeGaetano Law Firm 50 Frazier Avenue, Suite 300 Chattanooga, TN 37405 See map: Google Maps joe@jdfirm.com (423)255-7642
Vice-Chair Stewart Stallings Stewart C. Stallings &... 6 Cadillac Dr., Suite 260 Brentwood, TN 37027 See map: Google Maps stewart.stallings@farmersinsurance.com (615)370-7002

Tort and Insurance Law News

Split Western Section Affirms Dismissal of "Dirty Campaign" Defamation Case v. Congressional Candidate

By Kreis White on Fri, 01/18/2013 - 9:37am

AEGIS SCIENCES CORPORATION v. LOU ANN ZELENIK, ET AL.
With dissenting opinion.
Court: TN Court of Appeals

Attorneys:

Joel T. Galanter and Tricia T. Olson, Nashville, Tennessee, for the appellant, Aegis Sciences Corporation.

Richard E. Spicer and Brent S. Usery, Nashville, Tennessee, and Robert E. Lee Davies, Franklin, Tennessee, for the appellees, Lou Ann Zelenik, Lou Ann for Congress and Jay Heine.

Judge: FARMER

The trial court awarded summary judgment to Defendants in this action for defamation, civil conspiracy, and violation of the Tennessee Consumer Protection Act. Plaintiff appeals the award of summary judgment on its claims for defamation and civil conspiracy. We affirm.

.PDF Version of Case

Stafford Dissenting Opinion

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No Work Comp Subrogation for Future Meds, Rules a 4-1 Supreme Court Majority

By Kreis White on Fri, 01/18/2013 - 9:33am

JOSHUA COOPER ET AL. v. LOGISTICS INSIGHT CORP. ET AL.
With dissenting opinion
Court: TN Supreme Court

Attorneys:

Scott Carey and Mark Baugh, Nashville, Tennessee, for the appellants, ProLogistics, Inc., Logistics Insight Corp., and Joe Murray.

Daniel C. Todd, Nashville, Tennessee, for the appellees, MasterStaff, Inc. and Discover RE.

Judge: HOLDER

An employee was injured at work as a result of the actions of a third-party tortfeasor. The employee suffered permanent injuries that required future medical care. The injured employee filed a claim for workers’ compensation benefits and filed a lawsuit against the third-party tortfeasor. The employer intervened in the lawsuit pursuant to Tennessee Code Annotated section 50-6-112 (2008) to protect its subrogation lien against any recovery from the third-party tortfeasor. The employee settled the lawsuit with the third-party tortfeasor and voluntarily dismissed the case. The employer requested that the case be set for trial, claiming that it was entitled to a lien against the settlement proceeds for the cost of future medical benefits that may be paid on behalf of the injured employee. We hold that the employer’s subrogation lien provided by Tennessee Code Annotated section 50-6-112 does not include the cost of future medical benefits that may be provided to an injured employee.

.PDF Version of Case

Koch Dissenting Opinion

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