Majors v. Moneymaker
Elsie N. Majors and her husband, Parnick Y. Majors, sued Elizabeth Moneymaker for damages following an automobile accident. All parties were co-employees of the American National Insurance Company, and the incident occurred within the scope of their employment, bringing them under the Tennessee Workmen's Compensation Law. Moneymaker filed a plea in abatement, arguing that the Workmen's Compensation Act provided the exclusive remedy and she was not a 'third party' subject to a common law negligence suit. The trial court sustained the plea and dismissed the suits, a decision affirmed by the Supreme Court. The Supreme Court held that a co-employee is not considered 'some person other than the employer' under Code Section 6865, thereby making the workers' compensation remedy exclusive and precluding a common law action against the co-employee. The court also discussed the implications for the insurance carrier's subrogation rights.