Carr Allison attorneys Sean W. Martin and Derek W. Mullins of our Chattanooga (TN) office obtained summary judgment for a retail industry client in a premises liability case. The plaintiff was delivering merchandise from the retail store and its distribution center. While the plaintiff was loading merchandise onto his trailer an employee for the retailer turned on the lift gate causing the plaintiff to fall on his back. Suit was filed and the retailer moved for summary judgment because the claim was barred by the workers’ compensation exclusive remedy doctrine which not only covers the immediate employee but also the principal contractor, in this case the retailer. The Court decided the motion on briefs and no appeal was taken.
