John Turner Garrett v. Corry Foam Products Book Reviews

John Turner Garrett v. Corry Foam Products by at Jackson Supreme Court of Tennessee Book Summary

BROCK, C.J. The plaintiff filed this action on August 28, 1978, under the workmen's compensation laws for an alleged injury arising out of and in the course of his employment. The complaint was met with a motion for summary judgment filed by the defendant and supporting affidavit of the clerk of the court with exhibits demonstrating that plaintiff had previously brought an action in the same court against the same defendant upon the same cause of action and that said prior action had been terminated on May 9, 1978, by a consent order signed by attorneys for the parties, but not by the parties, which purported to dismiss that action with prejudice. The plaintiff did not respond with counter affidavits and the matter was submitted to the Court upon the complaint, the motion for summary judgment, the affidavit of the clerk of the court and exhibits consisting of the pleadings and orders in the prior action. It was the defendant's contention that the record thus submitted showed conclusively that the defense of res judicata had been made out and that the complaint should be dismissed. The trial court agreed with the position of the defendants and dismissed the action and the plaintiff appealed.

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