Karen Stempa v. Walgreen Co.

• Court: Court of Appeals of Tennessee
• Decided: March 28, 2001
• Docket: E2000-02223-COA-R3-CV
• Status: Published

Opinion

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE March 28, 2001 Session

KAREN STEMPA, ET AL. v. WALGREEN CO., ET AL.

Appeal from the Circuit Court for Knox County No. 1-281-98 Dale C. Workman, Judge

FILED MAY 4, 2001

No. E2000-02223-COA-R3-CV

Houston M. Goddard, Presiding Judge, concurring.

I concur in the majority opinion authored by Judge Swiney, which is in accord with an opinion by the Western Section of this Court sitting in Nashville, authored by Judge Lillard. I write separately, however, to suggest that had this Court not already specifically spoken on the subject I would be inclined to follow the reasoning of Circuit Judge Frank G. Clement, Jr.,1 in the case of Tillman v. Haffey, presently on appeal, which holds to the contrary.

_________________________________________ HOUSTON M. GODDARD, PRESIDING JUDGE

1 See Appendix for a copy of Judge Clement’s order.