Kennard, Valesia v. Mid-South Transportation Management, Inc.
2021 TN WC App. 67
| Tenn. Work. Comp. App. Bd. | 2021Background
- Employee Valesia Kennard, a bus operator, was struck multiple times with a baseball bat by former co-worker Melvin Chaney in Mid‑South Transportation’s parking lot on April 15, 2019, during her break between split shifts; she was hospitalized and off work for months.
- Kennard and Chaney had a history since 2016 (friends who gambled together); Chaney gave Kennard money (about $400 total) and later made unwanted advances and allegedly obtained her home address.
- Kennard reported stalking/threats by Chaney to Employer’s HR in November–December 2018 (including a voicemail demanding $400 and a face‑to‑face death threat on Dec. 31, 2018); Employer investigated and terminated Chaney on January 8, 2019 for policy violations.
- Chaney returned and attacked Kennard at work three months after termination; Employer denied workers’ compensation benefits as arising from an inherently private dispute and moved for summary judgment.
- The trial court denied summary judgment, finding resolution would require weighing evidence/credibility; the Workers’ Compensation Appeals Board affirmed, holding Employer failed to negate an essential element or show Kennard’s evidence was legally insufficient and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the April 2019 assault was compensable (inherently connected to employment) or an inherently private dispute not exacerbated by employment | Kennard: her reports to HR and Chaney’s subsequent termination created an inherent connection or at least exacerbated the private dispute | Mid‑South: the assault arose from a private dispute; Kennard failed to show it was caused by or exacerbated by employment | Denied summary judgment; factual dispute exists whether employment exacerbated the private dispute or created an employment nexus — must be resolved at trial |
| Whether Employer met its Rule 56 burden to negate an essential element or show plaintiff’s evidence is insufficient | Kennard: evidence raises genuine issue; burden remained on Employer to negate causation/exacerbation | Mid‑South: submitted undisputed facts arguing the dispute was private and not motivated by termination or employment | Employer failed to show as a matter of law that Kennard’s claim lacked an essential element or that her evidence was insufficient; summary judgment improper |
Key Cases Cited
- Woods v. Harry B. Woods Plumbing Co., 967 S.W.2d 768 (Tenn. 1998) (framework classifying workplace assaults into: inherent employment connection, inherently private disputes, and neutral/random assaults; explains compensability rules)
- Rye v. Women’s Care Ctr. of Memphis, MPLLC, 477 S.W.3d 235 (Tenn. 2015) (summary judgment standard and movant’s burden when it does not bear the burden of proof at trial)