Fayette Janitorial Services and Technology Insurance Company, as Assignee of the Claims of Wesley Kennedy v. Kellogg USA, Inc.
This case involves an appeal from a summary judgment granted by the Circuit Court for Shelby County. Fayette Janitorial Services and Technology Insurance Company, acting as assignee of Wesley Kennedy's claims, filed a tort suit against Kellogg USA, Inc. following a workplace injury sustained by Kennedy, an employee of Fayette, at Kellogg's plant. Kellogg moved for summary judgment, asserting it was a statutory employer under Tennessee's Workers' Compensation Law, thereby immune from the tort claim. The trial court agreed, and the Court of Appeals affirmed the decision. The appellate court found that the cleaning and sanitation work performed by Fayette for Kellogg was a regular and vital part of Kellogg's business operations, establishing Kellogg as a statutory employer and entitling it to immunity from the tort action.