Galloway v. Memphis Drum Service

822 S.W.2d 584, 1991 Tenn. LEXIS 512
CourtTennessee Supreme Court
DecidedDecember 30, 1991
StatusPublished
Cited by56 cases

This text of 822 S.W.2d 584 (Galloway v. Memphis Drum Service) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Galloway v. Memphis Drum Service, 822 S.W.2d 584, 1991 Tenn. LEXIS 512 (Tenn. 1991).

Opinion

*585 OPINION

DROWOTA, Justice.

This workers’ compensation case presents an appeal by Defendant-employer and its insurance carrier of the trial court’s award of one hundred percent (100%) permanent partial disability to Plaintiff-employee Ronnie Galloway’s right eye. The issue presented is whether, at the time of the injury, Plaintiff was an employee of Defendant Memphis Drum Service or an independent contractor.

I.

In 1986, Plaintiff was hired by Memphis Drum Service as a part-time truck driver. Also around this time, Plaintiff and his brother-in-law formed, as a partnership, an overhead door business. Although the business, R & R Overhead Door, was short-lived, it did perform three jobs for Memphis Drum. Memphis Drum paid R & R for these jobs separate and apart from payment made to Ronnie Galloway as a Memphis Drum truck driver. One of these jobs, in April 1987, consisted of Mr. Galloway installing a spring in a Memphis Drum overhead door. As it turned out, this new spring was not the correct size.

In early 1987, Plaintiff’s brother-in-law went back to work for another company and Plaintiff was driving full-time for Memphis Drum. An examination of the record leads us to conclude that R & R ceased doing business as of April 1987.

On Saturday, November 21, 1987, Plaintiff reported to work at Memphis Drum in order to (1) replace, with the correct size, the door spring he previously installed in April and (2) perform a minor adjustment on his Memphis Drum truck to connect its heating system. On this Saturday afternoon, the only employees present on the Memphis Drum premises were Plaintiff and Memphis Drum’s owner and President, Mr. David E. Wingard.

While the exact chronology of events is uncertain, it appears that Plaintiff and Mr. Wingard made an initial attempt to replace the door spring. Mr. Wingard testified that he operated a forklift in order to assist Plaintiff. However, upon attempting to install the new spring, Plaintiff discovered he was missing a necessary part. Mr. Win-gard testified that at this point he instructed Plaintiff not to proceed further with the repair until Plaintiff’s brother-in-law brought the proper part and would be there to assist him.

Plaintiff informed Mr. Wingard he was going to connect the heat on his company truck while waiting for his brother-in-law to bring the part. Mr. Wingard then left, leaving Plaintiff alone with the ultimate responsibility of securing the premises upon Plaintiff’s departure.

Now alone, Plaintiff testified that while gathering the tools necessary to connect the truck’s heat, he noticed the part required to complete the door. Therefore, he resumed working on the door until another part broke, ending all opportunity to repair the door that day. At about 4:30 p.m., having completed the truck maintenance, Plaintiff testified that he entered the main building (building on whose door he had been working that day) to make sure the power was off before leaving. Plaintiff’s next recollection was regaining consciousness while lying on the floor at 7:30 p.m.

Although Plaintiff drove home that evening, his father took him to the hospital the following day where he underwent reconstructive surgery to his right eye involving the implantation of five metal braces. Plaintiff introduced medical testimony establishing he suffers permanent double vision in his right eye. The trial court found that Plaintiff’s injury arose out of and was sustained during the course of his employment with Defendant Memphis Drum. Basing its determination on a consideration of the physical requirements and safety regulations for work as a truck driver, the court awarded Plaintiff one hundred percent (100%) permanent disability to the right eye.

Defendants assert Plaintiff was injured while working on the overhead door when a tension spring slipped from the door track and an attached piece of metal struck him in the eye. Mr. Wingard’s testimony comparing the condition of the door when he *586 left on Saturday afternoon with its condition when he next inspected it after Plaintiff’s injury supports this contention.

II.

The standard of review by this Court in workers’ compensation cases is de novo upon the record, accompanied by a presumption of the correctness of the trial court’s findings of fact, unless the preponderance of the evidence is otherwise. T.C.A. § 50-6-225(e) (Supp.1991). This standard of review requires us to examine, in depth, a trial court’s factual findings and conclusions. Orman v. Williams Sonoma, Inc., 803 S.W.2d 672, 675 (Tenn.1991). We are thus not bound by a trial court’s factual findings but instead conduct an independent examination to determine where the preponderance of the evidence lies. Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn.1988).

Pursuant to this examination we find that the preponderance of the evidence supports Defendants’ explanation of the circumstances surrounding the injury, namely that Plaintiff was injured when a tension spring slipped from the door track causing a metal strip to violently strike Plaintiff’s cheek and eye. However, because we also find that Plaintiff was, at the time of the injury, Defendant Memphis Drum’s employee, we affirm the trial court’s award.

Defendants assert Plaintiff’s injury occurred while Plaintiff was working on the overhead door as an independent contractor and that he failed to prove he was an employee who suffered an accidental injury arising out of and in the course of his employment. While a plaintiff in a workers’ compensation action has the burden of proving each element of his case by a preponderance of the evidence, King v. Jones Truck Lines, 814 S.W.2d 23, 25 (Tenn.1991), once it is established that an employment relationship exists, the burden is on the employer to prove the worker was an independent contractor rather than an employee. See Jones v. Crenshaw, 645 S.W.2d 238, 240 (Tenn.1983); Butler v. Johnson, 221 Tenn. 366, 374, 426 S.W.2d 515, 519 (1968); Seals v. Zollo, 205 Tenn. 463, 472, 327 S.W.2d 41, 45 (1959). In addition, because “the Workers’ Compensation Law must be rationally but liberally construed to promote and adhere to the Act’s purpose[] of securing benefits to those workers who fall within its coverage,” Hodge v. Diamond Container General, Inc., 759 S.W.2d 659 (Tenn.1988), this Court will resolve doubts in favor of a finding that a worker is an employee rather than an independent contractor. See Armstrong v. Spears, 216 Tenn. 643, 647-48,

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Bluebook (online)
822 S.W.2d 584, 1991 Tenn. LEXIS 512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galloway-v-memphis-drum-service-tenn-1991.