VALESIA KENNARD v. MID-SOUTH TRANSPORTATION MANAGEMENT, INC. ET AL. - Articles

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VALESIA KENNARD v. MID-SOUTH TRANSPORTATION MANAGEMENT, INC. ET AL.

Posted by: Azya Thornton on May 18, 2026

Court: TN Court of Appeals

Attorneys 1: Kyle I. Cannon and Richard Glasman, Memphis, Tennessee, for the appellant, Mid-South Transportation Management, Inc.

Attorneys 2: William B. Ryan and Robert A. Donati, Memphis, Tennessee, for the appellee, Valesia Kennard.

Judge(s): STAFFORD

To resolve Employee’s workers’ compensation claim, Employee and Employer entered into a “doubtful and disputed” settlement agreement under the Tennessee Workers’ Compensation Law, Tennessee Code Annotated section 50-6-240(e). Employee then brought a tort action against Employer in relation to the same injuries. Employee moved for partial summary judgment that the exclusive remedy provision did not bar her tort claim, relying on the agreement’s silence as to the issue of compensability. The trial court granted the motion, finding the injuries to not be compensable, such that Employee was not limited to workers’ compensation remedies. Because such settlements are clearly provided for by statute, we conclude that the parties’ agreement amounts to a workers’ compensation remedy. Thus, we determine that Employee’s tort action is barred by the exclusive remedy provision and the trial court’s judgment must be reversed.

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