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Hall v. Cracker Barrel Old Country Store3/13/2001
s v. Shelby Williams Indus. Inc., 814 S.W.2d 346 (Tenn. 1991) a workers' compensation case.
Raines, which we consider to be most germane to this case, held that when the question of notice of injury was at issue, the testimony of the plaintiff that she gave notice of the injury to the employer's nurse triggered the missing witness rule when the employer failed to call the nurse to testify.
In this case, the court did not directly or by inference apply a missing witness rule against the plaintiff. The most the trial court did was remark that one would have thought the plaintiff would have remembered the name of the manager who he said was within ten feet of him when the alleged accident occurred. We do not find the trial judge invoked a missing witness rule to discredit the plaintiff.
We affirm the judgment of the trial court. The costs of this appeal are taxed to the plaintiff.
JUDGMENT
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference;
Whereupon, it appears to the Court that the memorandum Opinion of the Panel should be accepted and approved; and
It is, therefore, ordered that the Panel's findings of facts and conclusions of law are adopted and affirmed and the decision of the Panel is made the Judgment of the Court.
Costs on appeal are taxed to the appellant, Mitchell Hall and surety Ronald J. Berke, for which execution may issue if necessary.
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