Valencia v. Freeland & Lemm Construction Co.
This case addresses the interpretation of the "actual intent" exception to the exclusive remedy provision of Tennessee's Workers' Compensation Law. The plaintiff, as next friend of Francisco Valencia, appealed the dismissal of tort claims against Freeland and Lemm Construction Company, whose alleged safety violations led to Valencia's death in a trench collapse. The plaintiff argued that an employer's conduct "substantially certain" to cause injury or death should fall under the intentional tort exception. However, the Tennessee Supreme Court affirmed the lower courts' decisions, holding that the exception strictly requires proof of "actual intent" to injure the employee, distinguishing it from conduct that is merely grossly or criminally negligent or "substantially certain" to cause harm. Consequently, workers' compensation remains the exclusive remedy in the absence of such actual intent.