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PERDUE v. GREEN BRANCH MIN. CO., INC.

837 S.W.2d 56 (1992)

Colleen PERDUE, for herself, and as next friend of Amanda Nicole Perdue, and Christina Louise Perdue, Minors, Plaintiff-Appellee, v. GREEN BRANCH MINING COMPANY, INC., Defendant-Appellant.

Supreme Court of Tennessee, at Knoxville.

July 20, 1992.

Attorney(s) appearing for the Case

Michael S. Pemberton, Lewis, King, Kreig & Waldrop, P.C., Knoxville, for defendant-appellant.

George H. Buxton, III, Buxton and Wilkinson, Oak Ridge, for plaintiff-appellee.

OPINION

ANDERSON, Justice.

In this workers' compensation death case, the primary issue is whether the trial court abused its discretion in commuting the surviving spouse's and the surviving children's death benefits to a lump sum. An ancillary issue is whether the trial court erred in assessing the guardian ad litem's fees against the children's lump-sum award instead of the defendant as discretionary costs under Tenn.R.Civ.P. 54. We conclude that...

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