· 6/24/2003
Valencia v. Freeland & Lemm Construction Co.
Citations
- 108 S.W.3d 239
- 2003 Tenn. LEXIS 572
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that tort claims against an employer that arise out of work-related injuries are barred under Tenn. Code Ann. § 50-6-108 (a) unless the employer committed an intentional tort against the employee
- explaining that “the traditional definition of intent used in tort law . . . is not applicable in workers' compensation cases”
- affirming dismissal of claims for “intentional misrepresentation, negligence, strict liability, wrongful death and assault” because the facts alleged in the complaint did not show that the employer actually intended to injure the employee
- \[T]he provisions of the workers' compensation statute are the exclusive remedy for employees to obtain relief from employers for injuries occurring in the course and scope of employment.\
- “Tennessee courts have created an exception to [§ 50-6-108(a)’s] exclusivity provision for intentional torts committed by an employer against an employee; these torts give rise to a common-law tort action for damages.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Birch, Drowota, Anderson, Holder, Barker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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