Daugherty v. Lumbermen's Underwriting Alliance

OPINION

FONES, Justice.

Defendant appeals from an award of workers’ compensation benefits at the conclusion of the second trial in the Scott County Chancery Court. The first trial resulted in a judgment for defendant, dismissing Plaintiff’s suit. A timely motion for new trial was overruled. That action was followed by a motion for relief under Tenn.R.Civ.P., Rule 60, based upon the identical ground relied upon in the motion for a new trial. That motion was granted and the trial judge recused himself from hearing the new trial, “so that both parties will have an even start.”

A special judge…