Lea Ann Tatham v. Bridgestone Americas Holding, Inc. - Concurring in Part, Concurring in the Judgment

IN THE SUPREME COURT OF TENNESSEE

AT JACKSON

January 8, 2015 Session Heard at Knoxville

LEA ANN TATHAM V. BRIDGESTONE AMERICAS

HOLDING, INC., ET AL.

Appeal by Permission from the Court of Appeals, Western Section

Circuit Court for Madison County

No. C-09133 Donald H. Allen, Judge

No. W2013-02604-SC-R11-CV – Filed October 30, 2015

GARY R. WADE, J., concurring in part and concurring in the judgment.

The majority has resolved the summary judgment issue by applying the federal standard recently adopted by this Court in Rye v. Women’s Care Center of Memphis, MPLLC, No. W2013-00804-SC-R11-CV (Tenn. 2015). As explained in my dissent in Rye, I disagree with the adoption of the federal standard and would instead retain our former summary judgment standard. In this instance, however, I would reach the same conclusion as the majority pursuant to the former standard. Accordingly, I concur in the judgment.

__________________________ GARY R. WADE, JUSTICE