Cason D. McInturff v. Battle Ground Academy of Franklin TN - Concurring

Court of Appeals of Tennessee·Decided December 16, 2009·No. M2009-00504-COA-R3-CV·Published

Opinion

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE

November 5, 2009 Session

CASON D. McINTURFF v. BATTLE GROUND ACADEMY OF FRANKLIN, TENNESSEE, ET AL.

Appeal from the Circuit Court for Davidson County No. 06C-3128 Randy Kennedy, Judge

No. M2009-00504-COA-R3-CV - Filed December 16, 2009

PATRICIA J. COTTRELL, P.J.,M.S., concurring.

I concur in the affirmance of the trial court’s grant of summary judgment to TSSAA. I write separately to say that I do not believe that the umpires are either employees or independent contractors. Even the term independent contractors implies a relationship involving one party performing some work or a task for the other. That is simply not the situation here. TSSAA does not hire or provide umpires to officiate at games. I agree that the umpires are not agents of TSSAA in any way.

PATRICIA J. COTTRELL, P.J., M.S.

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Cason D. McInturff v. Battle Ground Academy of Franklin TN - Concurring, (Tenn. Ct. App. 2009).

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