Walker v. Duracell U.S.A.

OPINION

BROCK, Chief Justice.

This is a worker’s compensation case, but the principal issue presented is whether or not the employee’s claim is barred by the compulsory counterclaim rule stated in Rule 13.01, Tennessee Rules of Civil Procedure, which provides as follows:

“A pleading shall state as a counterclaim any claim, other than a tort claim, which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim_”

In a “committee comment” to the quoted rule, it is pointed…