Karr vs. Gibson
01A01-9605-CH-00220
Trial Court Judge: Irvin H. Kilcrease, Jr.

Hollis vs. Hollis
01A01-9704-CH-00178
Trial Court Judge: Henry Denmark Bell

Sherrell vs. Sherrell
01A01-9703-CH-00131
Trial Court Judge: Jim T. Hamilton

Sanders, et. ux. vs. Mansfield, et. al.
01A01-9705-CH-00222
Trial Court Judge: Ben H. Cantrell

West vs. Dept. of Correction, et. al.
01A01-9706-CV-00243
Trial Court Judge: Walter C. Kurtz

Child Support Svcs. vs. Russell
01A01-9706-JV-00267
Trial Court Judge: Andrew J. Shookhoff

Little, et. al. vs. Hogan, et. al.
01A01-9707-CV-00291

William Allen Frazier v. Landair Services, Inc.
03S01-9706-CV-00064
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. John Mcclellan, III,
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. The plaintiff alleged in his petition that he was injured while unloading a trailer while in the employment of the defendant.1 The defendant filed a Motion for Summary Judgment supported by affidavits, and the plaintiff answered the motion by filing affidavits also. The trial judge granted summary judgment to the defendant and dismissed the plaintiff's petition. We affirm the judgment. The issue raised in this case is whether the plaintiff was an employee of the defendant and thus entitled to recover workers' compensation benefits for his injury. The structure of the relationship between the plaintiff and the defendant was derived from the employment of the plaintiff as a driver with a company known as Central Trucking, Inc. Landair Transport, Inc. entered into a contract with Central Trucking whereby Central Trucking would tow the defendant's trailers on shipments to the defendant's customers. The contract provided that the employees of Central Trucking would not be employees of the defendant. The plaintiff contended in his petition and affidavit that he was injured while unloading a trailer for the defendant and that all unloading fees were negotiated between him and a terminal manager of the defendant. The plaintiff claims this created an employer-employee relationship between him and the defendant. One of the owners of Central Trucking filed an affidavit in support of the plaintiff's claim that the amount to be paid for unloading was negotiated between the plaintiff and the defendant. The trial judge considered the affidavits, the contract between the defendant and Central Trucking, and various documents filed in support of and in opposition to the Motion for Summary Judgment. After reviewing the documents and hearing 1 It appears the actual defendant relevant to this case is Landair Transport, Inc. frazier.wc 2

Tommy Horton Tate vs. State
03C01-9707-CR-00264
Trial Court Judge: E. Eugene Eblen

Charles Orren vs. State
03C01-9704-CR-00141
Trial Court Judge: Lynn W. Brown

State vs. Maurice Johnson
03C01-9705-CR-00175
Trial Court Judge: Richard R. Baumgartner

State vs. Raymond Jones
02C01-9705-CC-00162

State vs. Steven Culps
02C01-9705-CC-00163

State vs. Rickey Nelson
02C01-9607-CR-00223
Trial Court Judge: John P. Colton, Jr.

State vs. Kevin Hyman & Karen Russell
02C01-9612-CR-00454

State vs. Kenneth Johnson
02C01-9612-CR-00476
Trial Court Judge: James C. Beasley, Jr.

Mildred Daniel vs. James Daniel
02A01-9606-CH-00135
Trial Court Judge: Floyd Peete, Jr.

Robert Martin vs. Union Planters
02A01-9708-CV-00179
Trial Court Judge: Robert A. Lanier

State vs. James Jones
01C01-9612-CC-00522
Trial Court Judge: Charles D. Haston, Sr.

State vs. Larry Holbrooks
01C01-9701-CR-00011

State vs. Timothy Brown
01C01-9701-CR-00032
Trial Court Judge: J. Randall Wyatt, Jr.

State vs. Christopher Parker
01C01-9701-CR-00037

McGlothlin vs. Bristol
03A01-9706-CV-00236

State vs. Judy Leath
01C01-9511-CC-00393

State vs. Harry Reed
01C01-9701-CC-00007