NASHVILLE – Quintairos, Prieto, Wood & Boyer, P.A. (QPWB) Nashville Associates Jon West and Jamie Glass secured a complete summary judgment victory and a $0.00 final financial award in a catastrophic workers’ compensation action involving a multi-million dollar exposure. Facing a claim seeking lifelong benefits following a devastating natural disaster, the defense team successfully proved that the worker was not exposed to any peculiar hazard unique to his employment, insulating the employer from all liability.
Overview of the Case
The matter arose from severe injuries sustained by a 39-year-old shipping company employee on March 3, 2020, when a violent tornado struck the employer’s facility in Mt. Juliet, Tennessee. The worker was sheltered inside the facility when a wall collapsed upon him. Found unresponsive under the rubble without a pulse, he received CPR for nearly an hour before EMS revived him. En route to the medical center, he suffered two additional cardiac arrests and was revived both times. At the hospital, the employee was evaluated for extensive multisystem trauma.
Key Difference-Makers
Claims Made Against Our Client
Opposing counsel filed a workers’ compensation claim asserting that the employee suffered permanent total disability stemming from a work site injury, rendering him unable to return to the open labor market. The claim sought permanent total disability indemnity payments continuing until Social Security old-age retirement eligibility (valued at approximately $750,000.00), alongside reimbursement for extensive past medical bills and lifetime open medical care, stemming from severe trauma including a traumatic crush injury with bilateral rib fractures, flail chest, acute respiratory failure, traumatic asphyxiation, traumatic cardiac arrest, sternal manubrial disassociation, anoxic brain injury, traumatic pneumothorax, and severe blood loss. Given the catastrophic nature of these injuries, the overall claim exposure, encompassing past medical expenses, permanent total disability benefits, and open future lifetime medical care, was estimated between $3 million and $4 million.
Defense Strategy
The defense strategy centered on established principles governing “Act of God” claims under Tennessee workers’ compensation law. While injuries caused by natural disasters are generally non-compensable, an exception exists if the employment subjects the worker to a risk of injury greater than or peculiar from that faced by the general public similarly situated.
To systematically dismantle the plaintiff’s case, Associates Jon West and Jamie Glass performed an exhaustive, meticulous review of the factual record and surrounding meteorological circumstances to evaluate whether any peculiar employment-related risk existed. By taking a comprehensive evaluation of the risks and factors above and beyond the scope of traditional workers’ compensation defenses, the team was able to be proactive in eliminating prospective arguments that opposing counsel could have leveraged to establish compensability. The defense established that the employee was not subjected to any hazard from an Act of God that was distinct from the general public, nor did the nature of his work at the shipping facility create a heightened risk exposure.
Building upon this rigorous groundwork, the defense team drafted an exemplary Motion for Summary Judgment, Memorandum of Law in Support, and Statement of Undisputed Facts, demonstrating conclusively that mere presence at the location of an Act of God does not create legal liability.
Impact on Final Outcome
The proactive defense strategy completely eliminated the claimant’s prospective arguments for compensability. The court granted the shipping company’s Motion for Summary Judgment, dismissing the claim in its entirety. Opposing counsel appealed the decision; however, Jamie Glass authored a compelling Appellant’s Brief before the Tennessee Workers’ Compensation Appeals Board. The Appeals Board affirmed the trial court’s ruling and certified the summary judgment dismissal as full and final, completely extinguishing the multi-million dollar claim exposure.
Unique Aspects of the Case
The most unique aspect of this case was navigating the rare “increased risk” exception to the Act of God doctrine in Tennessee workers’ compensation law. To overcome the claim, the defense had to affirmatively establish that neither the facility’s structural conditions nor the employee’s job duties exposed him to a peculiar danger beyond the hazard faced by the general community during a severe tornado.
Predicting the Future
This absolute defense victory reinforces QPWB’s reputation for mastering complex statutory defenses and resolving high-exposure claims early through strategic motion practice. It establishes a powerful benchmark for adjusters and employers confronting catastrophic claims arising from natural disasters.
Key Actions in This Case
- Act of God Exception Analysis: Conducted an exhaustive evaluation of employment conditions to establish that the tornado risk was common to the general public and not unique to the worker’s job duties.
- Exemplary Summary Judgment Briefing: Prepared comprehensive undisputed fact statements and legal memorandums demonstrating that presence at the workplace during a natural disaster does not establish compensability.
- Appellate Confirmation: Successfully defended the summary judgment ruling before the Tennessee Workers’ Compensation Appeals Board, securing a full, final, and certified dismissal with $0.00 awarded.
About QPWB
Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 60 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.