Joan Stephens, et al. v. Home Depot U.S.A., Inc., et al

This case arises out of a workplace injury. The injured worker and her husband filed this lawsuit asserting various causes of action against numerous defendants. The trial court dismissed one of the defendants upon finding that the defendant was entitled to workers’ compensation immunity. The trial court certified its order of dismissal as final pursuant to Tennessee Rule of Civil Procedure 54.02. Plaintiffs appeal, claiming that the defendant waived the affirmative defense of workers’ compensation immunity, that the trial court applied the wrong standard for a motion to dismiss, and that the particular claims asserted are not barred by the exclusive remedy provision of the workers’ compensation law. We affirm.