Firm Drafts Legislation to cure unfair comparative fault law in Tennessee

January 22nd, 2013

The bill was sponsored and introduced by Senator Joey Hensley in the Senate, and sponsored by Representative Moby in the House. The bill seeks to cure the unfair state of the law that prevents a third party defendant, sued by an employee of another employer which is guilty of negligence in causing or contributing to the accident, from being able to assess fault against the employer and reduce the amount of damages owed by the third party defendant. The bill also reduces the ability of the employer and/or its workers compensation carrier from recovering from the employee to the extent that that fault is assessed against the employer. Changes to the current law were invited by Supreme Court Justice Holder in  Troupe v Fisher Steele, 236 S.W.3d 143 (Tenn. 2007), which prevented a third party defendant from alleging comparative fault against the employer of the injured worker. The White Paper - Unfair Allocation of Fault and Liability: A Proposal to Remedy an Unjust Legal Precedent and to Reconcile Comparative Fault and the Workers Compensation Act by Amending T.C.A. 50-6-112 - has been presented to various trade and industry groups, and the firm's lawyers have been invited to speak on the proposed legislation and how it will impact construction, manufacturing and industry within the state. The bill introduced by Senator Hensley can be viewed by clicking here.

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