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Posted by: Tanja Trezise on Jun 3, 2013

Court: TN Court of Appeals

Attorneys 1:

Tim Harvey, Nashville, Tennessee, for the appellant, Gibson Guitar Corp.

Attorneys 2:

Richard Stephen Doughty, Hendersonville, Tennessee, and Stephen Orme Nunn, Nashville, Tennessee, for the appellee, Donald Plunk.

Judge(s): DINKINS

Former sales associate brought wrongful termination suit against his former employer, alleging that his termination was in breach of contract and violated the Tennessee Disability Act. When the employer failed to answer the complaint, the trial court granted the employee a default judgment on liability; the court subsequently entered an order granting the employee judgment for $184,437.50. The Employer filed various motions seeking to have the judgments set aside; the court declined to set aside the default judgment but set aside the monetary award. Following a hearing, the court awarded the employee back pay in the sum of $55,590.74 and counsel fees totaling $60,107.25. Employer and employee appeal. Finding no error, we affirm the judgment of the trial court.