TIMOTHY BURKE v. STEVE TOWERS ENTERPRISES, LLC, A/K/A ) STEVE TOWERS HOLDING, LLC, ET AL. - Articles

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TIMOTHY BURKE v. STEVE TOWERS ENTERPRISES, LLC, A/K/A ) STEVE TOWERS HOLDING, LLC, ET AL.

Posted by: Karen Belcher on Nov 15, 2023

Court: TN Workers Comp Appeals Board

Attorneys 1: Jason Denton, Lebanon, Tennessee, for the employee-appellant, Timothy Burke

Attorneys 2: L. Blair Cannon, Alpharetta, GA, for the employer-appellee, Steve Towers Enterprises, LLC, a/k/a Steve Towers Holding, LLC

Judge(s): WEAVER

In this appeal of a compensation order granting summary judgment to the employer, the employee argues there are multiple disputed questions of material fact regarding whether the injury arose primarily out of his employment. The employee was working as a manager of an automobile repair store in July 2021 when he and a co-worker began discussing the possible sale of a gun. Subsequently, the co-worker accidentally shot the employee, causing extensive injuries. The employee sought workers’ compensation benefits, and the employer filed a motion for summary judgment, arguing that the injury did not arise primarily out of the employment as purchasing a personal weapon and the presence of a gun were not risks inherent to managing an automobile repair shop. The employee argued there were questions of material fact regarding, among other things, whether the injured employee asked to see the gun, whether the employer knew that its employees regularly brought guns to work, and whether the employee handled the gun in an effort to disarm it for the safety of the store and general public. The trial court granted the employer’s motion for summary judgment, and the employee has appealed. Following careful review of the record and the arguments of counsel, we reverse the grant of summary judgment and remand the case for additional proceedings.

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