Joe Erwin and Susan Erwin, as surviving parents of and next of kin of Bethany Suzanne Erwin, et. ux. v. James M. Rose, Wade Matheny, in his capacity as Sheriff of Maury County, Tennessee, and Tracy Joe Lovell

Opinion

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE

FILED May 6, 1998 JOE ERWIN and SUSAN ERW IN, ) as surviving parents and next of kin) of BETHANY SUZANNE ERWIN, ) Cecil W. Crowson ) Appellate Court Clerk Plaintiffs/Appellants, ) Appeal No.

) 01-A-01-9706-CV-00248 VS. )

) Maury Circuit JAMES M. ROSE, WADE MATHENY, ) No. 5932 in his capacity as Sheriff of Maury ) County, Tennessee, MAURY COUNTY ) SHERIFF’S DEPARTMENT, MAURY ) COUNTY, TENNESSEE, and ) TRACY JOE LOVELL, )

)

Defendants/Appellees. )

OPIN ION O N PE TITION TO REHE AR

The appellants have filed a petition to rehear based on the Western

Section’s opinion in Sims v. Stewart, No. 02A01-9706-CV-00123 (Jackson, Jan. 21,

1998). In Sims the court relied on an earlier case of Dwight v. Tennessee Farmers

Mut. Ins. Co., 701 S.W.2d 621 (Tenn. App. 1985), and decided that the policy in

question “provides that reduction for worker’s compensation benefits applies to

damages and in no way affects the coverage available.” We think that Dwight stated

the opposite; it stated that coverage was reduced by any worker’s compensation

benefits paid or payable.

We respectfully overrule the petition to rehear.

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HENRY F. TODD, PRESIDING JUDGE MIDDLE SECTION

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BEN H. CANTRELL, JUDGE

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WILLIAM C. KOCH, JR., JUDGE