Linda Gray v. Tn Restaurant Assoc.

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Plaintiff, Linda Gray, has appealed from the action of the trial court in dismissing her claim by sustaining a motion for summary judgment filed by defendants. The complaint alleges plaintiff was injured on June 26, 1995, while on the business of her employer, when she was severely burned by hot coffee and that the burn caused permanent physical injury and psychological injury. The summary judgment record consists of the plaintiff's deposition, numerous expert medical depositions of doctors seeing plaintiff both before and after the event in question, and other records. Plaintiff's deposition states that on June 26, 1995, while at her business office, she realized she had left a map at home which she needed to assist her in obtaining a city permit to build a gazebo for weddings; that while she was in route to obtain the map, she stopped at a McDonald's restaurant to purchase coffee; that she remembered getting the coffee and putting it in a coffee holder in her car and then "going back to the road and making a right turn on the main road to Pigeon Forge and then I started feeling sick and I pulled over and that's all I remember until I get to Vickie's office." She stated she had not worked since being injured and that she is not able to work. The record indicates there was no eyewitness to the event and she had been treated for epileptic-like seizures and psychological difficulties prior to the time in question and she continues to experience such problems. Plaintiff contends there is medical evidence in the record indicating she spilled the coffee on herself and then blacked out as a result of the pain produced by the coffee spill; that when the record is considered in its most favorable light to her, summary judgment should not have been granted; and that the trial court was in error in weighing evidence in order to reach its conclusion. Defendants contend she had an idiopathic seizure and then spilled the coffee as a result of the seizure; that the court acted properly in sustaining the motion as 2