Potts v. Knox-Tenn Rental, Inc.

OPINION

PARROTT, Judge.

In these circuit court common law tort actions Clarence E. Potts sues Knox-Tenn Rental, Inc., Equipment Rental, Inc. and Roger D. Howell, asking $250,000.00 for personal injuries sustained when a tower for a materials hoist fell while being erected at the construction site of a new building.

Plaintiff Potts has appealed from the action of the circuit judge’s sustaining defendants’ pleas in abatement. The assignments insist the circuit judge erred in holding plaintiff to be a loaned servant with his exclusive remedy being under the Workmen’s Compensation Act, and erred in…