Gerry G. Kinsler v. Berkline, LLC
The case involves an employee, Gerry G. Kinsler, who filed a retaliatory discharge action against his employer, Berkline, LLC. Kinsler was discharged three days after he rejected a workers’ compensation settlement offer, following a workplace injury that resulted in a permanent lifting restriction. Berkline claimed Kinsler was discharged due to his inability to perform his job duties with the lifting restriction. The trial court initially granted summary judgment for Berkline, but the Court of Appeals reversed this decision, citing genuine issues of material fact. The Supreme Court of Tennessee affirmed the Court of Appeals' judgment, holding that there were sufficient factual disputes to preclude summary judgment, particularly regarding the employer's true motivation for the discharge.