GEORGE HARRIS v. MAVIS TIRE SUPPLY, ET AL. - Articles

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GEORGE HARRIS v. MAVIS TIRE SUPPLY, ET AL.

Posted by: Tanja Trezise on Apr 12, 2024

Court: TN Workers Comp Appeals Board

Attorneys 1: George Harris, Memphis, Tennessee, employee-appellant, pro se.

Attorneys 2: Effie V. Bean Cozart, Brentwood, Tennessee, for the employer-appellee, Mavis Tire Supply.

Judge(s): WEAVER

This is an appeal of the trial court’s order granting summary judgment to the employer. The employee alleged an injury to his low back while working as a mechanic. The employer denied the claim based on improper notice and a preexisting condition. Following an expedited hearing, the trial court determined the employee did not offer sufficient evidence to indicate a likelihood of proving at trial he suffered an injury arising primarily from his employment and denied benefits. That order was not appealed. The court then issued a scheduling order, after which the employer filed a motion for summary judgment. The employee did not file a response to the motion or appear for the hearing, and the trial court granted the motion for summary judgment. The employee then filed a motion to set aside the order dismissing his case, citing several reasons for his failure to respond or appear, and he filed a response to the motion for summary judgment. Thereafter, the court set aside its previous order and entered an order denying the motion for summary judgment based on the employee’s response. The employer then filed another motion for summary judgment, and the employee again did not respond to the motion or appear for the hearing. The court granted summary judgment to the employer and dismissed the case. The employee has appealed. Upon careful consideration of the record, we vacate the order and remand the case.

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