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Felton Allen and Barbara Allen sued Delta Materials Handling, Inc. for injuries Mr. Allen sustained from a defective forklift leased by Delta to his employer, The Regina Company. The jury found in favor of the plaintiffs, which Delta appealed. The core issue on appeal was whether a defendant in a negligence action could assert comparative negligence of the plaintiff's employer or co-employee as an affirmative defense, even if the employer was immune under the Tennessee Workers’ Compensation Act. Citing Ridings v. Ralph M. Parsons Co. and McIntyre v. Balentine, the court determined that fault could only be attributed to parties against whom the plaintiff has a cause of action, thus excluding the employer in this context. The court also affirmed the trial court's denial of a mistrial motion regarding an improper statement made by plaintiff's counsel during closing arguments, finding no prejudice since the statement was interrupted.
Allen v. Delta Materials Handling, Inc. is a workers' compensation case decided in Court of Appeals of Tennessee. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Court of Appeals of Tennessee.
Full Decision Text1 Pages
Felton Allen and Barbara Allen sued Delta Materials Handling, Inc. for injuries Mr. Allen sustained from a defective forklift leased by Delta to his employer, The Regina Company. The jury found in favor of the plaintiffs, which Delta appealed. The core issue on appeal was whether a defendant in a negligence action could assert comparative negligence of the plaintiff's employer or co-employee as an affirmative defense, even if the employer was immune under the Tennessee Workers’ Compensation Act. Citing Ridings v. Ralph M. Parsons Co. and McIntyre v. Balentine, the court determined that fault could only be attributed to parties against whom the plaintiff has a cause of action, thus excluding the employer in this context. The court also affirmed the trial court's denial of a mistrial motion regarding an improper statement made by plaintiff's counsel during closing arguments, finding no prejudice since the statement was interrupted.
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