Roberta Dennis v. Knox County Schools

Summary

The Tennessee Court of Workers’ Compensation Claims granted Knox County Schools’ motion for summary judgment in Roberta Dennis’s claim for alleged chemical-burn and bilateral carpal-tunnel injuries. The court held that Dennis lacked expert medical evidence establishing that her injuries arose primarily out of and in the course and scope of employment, and that the authorized physicians’ opinions negated causation. The court also denied Dennis’s motion for voluntary dismissal because a summary-judgment motion was pending and dismissed the claim with prejudice.

Holdings

1. A trial court may not grant a motion for voluntary dismissal while a motion for summary judgment is pending; Dennis's request for voluntary dismissal was therefore denied.
2. Dennis's failure to respond did not automatically entitle Knox County to summary judgment, but it precluded her from disputing the facts in Knox County's properly supported statement of material facts.
3. Knox County was entitled to summary judgment because Dennis lacked evidence establishing that her alleged chemical injuries or bilateral carpal tunnel syndrome arose primarily out of and in the course and scope of her employment.

Questions Presented

1. Whether Dennis could voluntarily dismiss her claim while Knox County's motion for summary judgment was pending.
2. Whether Knox County was entitled to summary judgment because Dennis lacked expert medical evidence establishing the required causal connection between her injuries and her employment.
3. Whether Dennis's failure to respond to Knox County's statement of undisputed material facts prevented her from disputing those facts.

Disposition

dismissed