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Plaintiff James T. Gibson was injured on June 12, 1984, while operating a machine at his workplace, Steiner-Liff Textile Products Company, leading to the traumatic amputation of four fingers. He initially sued CNA Insurance Company, his employer's workers' compensation carrier, in March 1985. Through discovery, he identified Lockwood Products as the manufacturer and sued them on June 10, 1985. Lockwood, however, denied manufacturing the machine and identified Loren Cook Company as the manufacturer and R.D. Herbert & Sons as the installer. Gibson then joined Loren Cook Company and R.D. Herbert & Sons as defendants. These new defendants moved to dismiss based on the one-year statute of limitations. The trial court granted the motions to dismiss and Lockwood's motion for summary judgment on January 7, 1986. Gibson appealed the dismissal of Loren Cook Company and R.D. Herbert & Sons. The appellate court affirmed the trial court's judgment, ruling that Gibson failed to exercise due diligence in identifying the actual manufacturer and installer, thus his suit was barred by Tenn.Code Ann. § 28-3-104. The court also clarified that the employer's six-month extension for filing suit under Tenn.Code Ann. § 50-6-112(d) does not extend to the employee.
Gibson v. Lockwood Products Division of J.L. Underwood 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
Plaintiff James T. Gibson was injured on June 12, 1984, while operating a machine at his workplace, Steiner-Liff Textile Products Company, leading to the traumatic amputation of four fingers. He initially sued CNA Insurance Company, his employer's workers' compensation carrier, in March 1985. Through discovery, he identified Lockwood Products as the manufacturer and sued them on June 10, 1985. Lockwood, however, denied manufacturing the machine and identified Loren Cook Company as the manufacturer and R.D. Herbert & Sons as the installer. Gibson then joined Loren Cook Company and R.D. Herbert & Sons as defendants. These new defendants moved to dismiss based on the one-year statute of limitations. The trial court granted the motions to dismiss and Lockwood's motion for summary judgment on January 7, 1986. Gibson appealed the dismissal of Loren Cook Company and R.D. Herbert & Sons. The appellate court affirmed the trial court's judgment, ruling that Gibson failed to exercise due diligence in identifying the actual manufacturer and installer, thus his suit was barred by Tenn.Code Ann. § 28-3-104. The court also clarified that the employer's six-month extension for filing suit under Tenn.Code Ann. § 50-6-112(d) does not extend to the employee.
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