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Barry Wesley Cooper, an employee of Queen's Tree Surgery, Inc., was electrocuted while working under a contract between Queen's and Nashville Electric Service (NES) to trim trees near high-voltage power lines. The appellant, administrator of Cooper's estate, sued NES alleging failure to select a competent contractor and ensure safe work practices and equipment. The Trial Court granted summary judgment for NES, dismissing the case. On appeal, the court affirmed the summary judgment, ruling that an employer contracting for inherently dangerous work does not extend liability to the contractor's employees, even if the work is intrinsically dangerous, especially since employees are covered by worker's compensation.
Cooper v. Metropolitan Government of Nashville & Davidson County 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
Barry Wesley Cooper, an employee of Queen's Tree Surgery, Inc., was electrocuted while working under a contract between Queen's and Nashville Electric Service (NES) to trim trees near high-voltage power lines. The appellant, administrator of Cooper's estate, sued NES alleging failure to select a competent contractor and ensure safe work practices and equipment. The Trial Court granted summary judgment for NES, dismissing the case. On appeal, the court affirmed the summary judgment, ruling that an employer contracting for inherently dangerous work does not extend liability to the contractor's employees, even if the work is intrinsically dangerous, especially since employees are covered by worker's compensation.
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