PHILLIP DEAN PATRICK v. NELSON GLOBAL PRODUCTS, INC. - Articles

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Posted by: Tanja Trezise on Jul 30, 2014

Court: TN Court of Appeals

Attorneys 1:

Curt W. Isabell, Clinton, Tennessee, for the appellant, Phillip Dean Patrick.

Attorneys 2:

James A. Burns, Jr. and Hannah L. Sorcic, Chicago, Illinois, and Timothy B. McConnell and Latisha J. Stubblefield, Knoxville, Tennessee, for the appellee, Nelson Global Products, Inc.

Judge(s): SUSANO

This is a retaliatory discharge action filed by Phillip Dean Patrick (“Plaintiff”), a former employee of Nelson Global Products, Inc. (“the Employer”). Plaintiff alleged that, on a day during his employment, he was standing nearby when a co-worker sustained a work-related injury. Plaintiff alleged that he was unlawfully terminated after the injured co-worker filed a claim for workers’ compensation benefits. According to Plaintiff, the co-worker’s filing was a “substantial factor” in the Employer’s decision to discharge him. The trial court granted the Employer’s Tenn. R. Civ. P. 12.02(6) motion to dismiss for failure to state a claim upon which relief can be granted. Plaintiff appeals. We affirm.

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