King v. Ross Coal Co., Inc.

MATHERNE, Retired Judge

While operating a drill in the defendant’s strip mining operation, the plaintiff, Gor-man Donald King, was seriously and permanently injured when a huge rock fell on him. The plaintiff sues his employer in a common law action alleging that the incident which resulted in his injuries was not an “accident” as contemplated by the Tennessee Workers’ Compensation Law but was an intentional tort committed upon him by his employer, thus removing the exclusive remedy provisions of the Workers’ Compensation Law. The trial judge granted the employer’s motion for summary judgment,…