Judy Hamilton v. Robert Bean

PHILLIPS, Senior Circuit Judge.

Five supervisory employees of the Tennessee Valley Authority'were sued for negligence in the accidental death of a co-employee, plaintiffs’ decedent, Bobby Ray Hamilton. The plaintiffs, Hamilton’s widow and children, are residents of Alabama. The defendants are residents of Tennessee.

Jurisdiction is based upon diversity of citizenship. Tennessee law controls. Erie Railroad Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938).

District Judge Odell Horton granted summary judgment in favor of defendants based on Tennessee law that co-employees are not…