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MIZE v. CONAGRA, INC.

734 S.W.2d 334 (1987)

Shirley Jean Ferguson MIZE, individually, and Shirley Jean Ferguson Mize, for the Use and Benefit of the next of kin of Charles William E. Ferguson, deceased, and Shirley Jean Ferguson Mize, the administratrix of the Estate of Charles William E. Ferguson, deceased, Plaintiff-Appellant, v. CONAGRA, INC., Defendant-Appellee. Juanita C. CHAMBERLAIN, individually, and as surviving spouse of Harvey McClain Chamberlain, deceased, Plaintiff-Appellant, v. CONAGRA, INC., Defendant-Appellee.

Court of Appeals of Tennessee, Eastern Section.

Permission to Appeal Denied July 27, 1987.

Attorney(s) appearing for the Case

Dennis B. Francis, Jenkins & Jenkins, Knoxville, for plaintiffs-appellants.

Fred H. Cagle, Jr., Frantz, McConnell & Seymour, Knoxville, for defendant-appellee.

W.J. Michael Cody, Atty. Gen. and Reporter, and Michael Lee Parsons, Asst. Atty. Gen., Nashville, for State, intervenor.

Permission to Appeal Denied by Supreme Court July 27, 1987.

OPINION

FRANKS, Judge.

In these wrongful death actions, the trial court granted summary judgments to defendant, stating the Workers' Compensation Act provides the exclusive remedy against an employer for injuries or death sustained by an employee as a result of an accident arising out of the course and scope of employment. Plaintiffs' actions were consolidated for the purpose of appeal....

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