DUKES v. MONTGOMERY COUNTY NURSING HOME


639 S.W.2d 910 (1982)

Addie C. DUKES, Plaintiff-Appellant, v. MONTGOMERY COUNTY NURSING HOME, The Tennessee Company, and the Northwestern National Insurance Group, Defendants-Appellees.

Supreme Court of Tennessee, at Nashville.

October 12, 1982.


Attorney(s) appearing for the Case

Steve Atkins, Clarksville, for plaintiff-appellant.

Randall C. Ferguson, Nashville, for defendants-appellees.


OPINION

BROCK, Justice.

The complaint in this case alleges a claim for benefits under the Worker's Compensation Act. The trial court concluded that the complaint failed to state a claim upon which relief could be granted and, accordingly, dismissed the action pursuant to defendant's motion.

The defect found by the trial court in the complaint was that it disclosed upon its face that the action was not filed within the one year statute of limitations...

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