Tennessee Administrative Office of the Courts

Appellate Court Opinions

Format: 02/13/2016
Format: 02/13/2016
Hollis vs. Hollis
01A01-9704-CH-00178
Williamson County Court of Appeals 02/13/98
Culp vs. J.B. Hinson & Pevahouse
01A01-9707-CV-00307
Wayne County Court of Appeals 02/13/98
Carson vs. Agri-Products Special Markets
01A01-9708-CV-00420
Montgomery County Court of Appeals 02/13/98
01C01-9612-CR-00507
Davidson County Court of Criminal Appeals 02/13/98
Billy Aldridge vs. State
01C01-9704-CR-00142
Davidson County Court of Criminal Appeals 02/13/98
Charles Orren vs. State
03C01-9704-CR-00141
Johnson County Court of Criminal Appeals 02/13/98
State vs. Maurice Johnson
03C01-9705-CR-00175
Knox County Court of Criminal Appeals 02/13/98
Tommy Horton Tate vs. State
03C01-9707-CR-00264
Morgan County Court of Criminal Appeals 02/13/98
William Allen Frazier v. Landair Services, Inc.
03S01-9706-CV-00064
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff alleged in his petition that he was injured while unloading a trailer while in the employment of the defendant.1 The defendant filed a Motion for Summary Judgment supported by affidavits, and the plaintiff answered the motion by filing affidavits also. The trial judge granted summary judgment to the defendant and dismissed the plaintiff's petition. We affirm the judgment. The issue raised in this case is whether the plaintiff was an employee of the defendant and thus entitled to recover workers' compensation benefits for his injury. The structure of the relationship between the plaintiff and the defendant was derived from the employment of the plaintiff as a driver with a company known as Central Trucking, Inc. Landair Transport, Inc. entered into a contract with Central Trucking whereby Central Trucking would tow the defendant's trailers on shipments to the defendant's customers. The contract provided that the employees of Central Trucking would not be employees of the defendant. The plaintiff contended in his petition and affidavit that he was injured while unloading a trailer for the defendant and that all unloading fees were negotiated between him and a terminal manager of the defendant. The plaintiff claims this created an employer-employee relationship between him and the defendant. One of the owners of Central Trucking filed an affidavit in support of the plaintiff's claim that the amount to be paid for unloading was negotiated between the plaintiff and the defendant. The trial judge considered the affidavits, the contract between the defendant and Central Trucking, and various documents filed in support of and in opposition to the Motion for Summary Judgment. After reviewing the documents and hearing 1 It appears the actual defendant relevant to this case is Landair Transport, Inc. frazier.wc 2
Knox County Workers Compensation Panel 02/13/98
Mildred Daniel vs. James Daniel
02A01-9606-CH-00135
Shelby County Court of Appeals 02/12/98
Robert Martin vs. Union Planters
02A01-9708-CV-00179
Shelby County Court of Appeals 02/12/98
State vs. Rickey Nelson
02C01-9607-CR-00223
Shelby County Court of Criminal Appeals 02/12/98
State vs. Kevin Hyman & Karen Russell
02C01-9612-CR-00454
Shelby County Court of Criminal Appeals 02/12/98
State vs. Kenneth Johnson
02C01-9612-CR-00476
Shelby County Court of Criminal Appeals 02/12/98
State vs. Raymond Jones
02C01-9705-CC-00162
Madison County Court of Criminal Appeals 02/12/98
State vs. Steven Culps
02C01-9705-CC-00163
Madison County Court of Criminal Appeals 02/12/98
State vs. James Jones
01C01-9612-CC-00522
Van Buren County Court of Criminal Appeals 02/11/98
State vs. Larry Holbrooks
01C01-9701-CR-00011
Davidson County Court of Criminal Appeals 02/11/98
State vs. Timothy Brown
01C01-9701-CR-00032
Davidson County Court of Criminal Appeals 02/11/98
State vs. Christopher Parker
01C01-9701-CR-00037
Davidson County Court of Criminal Appeals 02/11/98
McGlothlin vs. Bristol
03A01-9706-CV-00236
Court of Appeals 02/11/98
State vs. Judy Leath
01C01-9511-CC-00393
Macon County Court of Criminal Appeals 02/10/98
State vs. Harry Reed
01C01-9701-CC-00007
Williamson County Court of Criminal Appeals 02/10/98
State vs. Mark Rawlings
02C01-9612-CR-00475
Shelby County Court of Criminal Appeals 02/10/98
State vs. Gaylen Rhodes
02C01-9703-CC-00121
Hardin County Court of Criminal Appeals 02/10/98