Lea Ann Tatham v. Bridgestone Americas Holding, Inc. - Concurring in Part, Concurring in the Judgment

Tennessee Supreme Court

Lea Ann Tatham v. Bridgestone Americas Holding, Inc. - Concurring in Part, Concurring in the Judgment

DecidedOctober 30, 2015

DocketW2013-02604-SC-R11-CV

StatusPublished

This text of Lea Ann Tatham v. Bridgestone Americas Holding, Inc. - Concurring in Part, Concurring in the Judgment (Lea Ann Tatham v. Bridgestone Americas Holding, Inc. - Concurring in Part, Concurring in the Judgment) 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.

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Lea Ann Tatham v. Bridgestone Americas Holding, Inc. - Concurring in Part, Concurring in the Judgment, (Tenn. 2015).

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Opinion

IN THE SUPREME COURT OF TENNESSEE AT JACKSON January 8, 2015 Session Heard at Knoxville

LEA ANN TATHAM V. BRIDGESTONE AMERICAS HOLDING, INC., ET AL.

Appeal by Permission from the Court of Appeals, Western Section Circuit Court for Madison County No. C-09133 Donald H. Allen, Judge

No. W2013-02604-SC-R11-CV – Filed October 30, 2015

GARY R. WADE, J., concurring in part and concurring in the judgment.

The majority has resolved the summary judgment issue by applying the federal standard recently adopted by this Court in Rye v. Women’s Care Center of Memphis, MPLLC, No. W2013-00804-SC-R11-CV (Tenn. 2015). As explained in my dissent in Rye, I disagree with the adoption of the federal standard and would instead retain our former summary judgment standard. In this instance, however, I would reach the same conclusion as the majority pursuant to the former standard. Accordingly, I concur in the judgment.

__________________________ GARY R. WADE, JUSTICE

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IN THE SUPREME COURT OF TENNESSEE AT JACKSON January 8, 2015 Session Heard at Knoxville

LEA ANN TATHAM V. BRIDGESTONE AMERICAS HOLDING, INC., ET AL.

Appeal by Permission from the Court of Appeals, Western Section Circuit Court for Madison County No. C-09133 Donald H. Allen, Judge

No. W2013-02604-SC-R11-CV – Filed October 30, 2015

GARY R. WADE, J., concurring in part and concurring in the judgment.

The majority has resolved the summary judgment issue by applying the federal standard recently adopted by this Court in Rye v. Women’s Care Center of Memphis, MPLLC, No. W2013-00804-SC-R11-CV (Tenn. 2015). As explained in my dissent in Rye, I disagree with the adoption of the federal standard and would instead retain our former summary judgment standard. In this instance, however, I would reach the same conclusion as the majority pursuant to the former standard. Accordingly, I concur in the judgment.

__________________________ GARY R. WADE, JUSTICE

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Lea Ann Tatham v. Bridgestone Americas Holding, Inc. - Concurring in Part, Concurring in the Judgment, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lea-ann-tatham-v-bridgestone-americas-holding-inc--tenn-2015.