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WEST v. VOUGHT AIRCRAFT INDUSTRIES, INC.

No. M2007-01904-SC-R9-WC, No. M2006-01541-SC-R3-WC.

256 S.W.3d 618 (2008)

Duell Wayne WEST v. VOUGHT AIRCRAFT INDUSTRIES, INC. et al. Terry Thompson v. Peterbilt Motor Company and/or PACCAR, Inc.

Supreme Court of Tennessee, at Nashville.

June 10, 2008.

Attorney(s) appearing for the Case

James Nicholas Harris and Larry Rocky McElhaney, II, Nashville, Tennessee, for the appellant, Terry Thompson.

Aaron Scott Guin and Frederick Hodge, Nashville, Tennessee, for the appellant, Vought Aircraft Industries, Inc.

Debbie C. Holliman and E. Guy Holliman, Carthage, Tennessee, for the appellee, Duell Wayne West.

Heather Elizabeth Hardt and Terry Lee Hill, Nashville, Tennessee, for the appellee, Peterbilt Motor Company and/or PACCAR Inc.

Janis Olivia Mize and Juan G. Villasenor, Nashville, Tennessee, for the defendant, Tennessee Department of Labor/Second Injury Fund.

JANICE M. HOLDER, J., delivered the opinion of the court, in which WILLIAM M. BARKER, C.J., and CORNELIA A. CLARK, GARY R. WADE, and WILLIAM C. KOCH, JR., JJ., joined.

OPINION

We granted review of these workers' compensation cases to decide when a case becomes "pending" for purposes of the prior suit pending doctrine. We conclude that a lawsuit becomes "pending" when the complaint is filed. Although the filing of the complaint initiates the pendency of the...

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