Gonzales v. Alman Construction Co.

OPINION

LEWIS, Judge.

We granted defendant’s, Alman Construction Company (Alman), application for permission to appeal pursuant to Tennessee Rule of Appellate Procedure 9 to review the trial court’s action in overruling defendant’s motion to dismiss the plaintiffs’, James Franklin Gonzales and his wife, Amber Raye Gonzales, common law actions against Alman.

Alman insists that plaintiff James Franklin Gonzales’ exclusive remedy for injuries he received in the course and scope of his employment with Alman is under the Tennessee Workers’ Compensation Act, Tennessee Code Annotated, Section 50-6-101,…