TNSIA News

TO: TNSIA MEMBERS

Re: Amicus Curiae Brief – Filed on behalf of TNSIA
Wait v. Travelers

I appeared for oral argument of our amicus position in this matter in front of the Supreme Court on October 3, 2007. Unfortunately there were two long criminal cases in front of me, so I wound up spending the whole morning in the courtroom.

The plaintiff’s attorney argued that the plaintiff was clearly covered by workers’ comp. The defendant argued that this case would not fall under the street risk doctrine. The Judges asked many questions of both of those attorneys.

When I started arguing, the Judges all hit me with questions. Justice Holder said that since the employer is receiving all of the benefit of this, they have relinquished the right to control the situation and should be liable for workers comp for this type of person. I pointed out to her that many of the people that work at home are single mothers who would be unable to juggle a schedule with their children if they were not afforded the opportunity to work at home. Justice Clark asked the plaintiff’s attorney if he felt as though employers should be liable for employees 24 hours a day. Justice Koch used the example from our brief and asked what would happen if a stove exploded and the employee was hurt. He pointed out that the employer would have no control over that situation.

Chief Justice Barker asked me if it was true that the plaintiff would be covered for this incident in the work place. My answer is that she probably would under the present state of the case law. He asked, “So why should she be covered now?”

We had an excellent brief and pointed out some significant pitfalls that could follow from an adverse ruling in this matter. It is very difficult to know how the Judges were leaning.

One possible ruling by the Court would be to strike down a summary judgment that was issued by the trial judge and to send this back for trial. I reminded the Judges that if they did that that they need to be careful of the language they use because it could open up a whole can of worms in terms of future cases involving home-based employees.

I anticipate that it could be 6 to 8 weeks or more before we get a decision from the Court. The court clerk came up to me afterword and said, “It’s good to get a workers’ comp case we can sink our teeth into.” I will let you know when I receive the decision of the court.

Very truly yours,
MANIER & HEROD
By: Terry L. Hill

TLH:af
cc: Raymond Leathers, on behalf of Tennessee Defense Lawyers Association
Bradley Jackson, Tennessee Chamber of Commerce & Industry