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DUKE v. REPLOGLE ENTERPRISES

891 S.W.2d 205 (1994)

Tom DUKE, Plaintiff-Appellant, v. REPLOGLE ENTERPRISES, a/k/a Replogle Sawmill, Defendant-Appellee.

Supreme Court of Tennessee, at Jackson.

December 19, 1994.

Attorney(s) appearing for the Case

T. Verner Smith, Jackson, for appellant.

R. Dale Thomas, Clay M. McCormack, Jackson, for appellee.

OPINION

O'BRIEN, Justice.

In this workers' compensation action, the plaintiff appeals the trial court's judgment dismissing his claim for benefits on the basis that the employer, doing business under the trade names of Replogle Enterprises, a/k/a Replogle Sawmill and styled as such in the plaintiff's original and timely complaint, does not have a legal existence and, therefore, is not capable of being sued.

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