This blog is an update to the blog posted by Santel Garner on February 1, 2022. At the time of the blog posted on February 1, 2022, Tennessee law was not clear as to how the Tennessee Supreme Court would rule on the Preemption Rule. The Tennessee Supreme Court answered the question in Binns v. Trader Joe’s East, Inc. on April 8, 2024.
The Question: Can a Plaintiff Sue an Employer Directly for Negligence in Tennessee?
Yes, in Tennessee, a plaintiff can sue, and potentially recover from, an employer directly for negligence, even if the employer admits that their employee was at fault in a motor vehicle accident (or other negligence action). The classic scenario, in motor vehicle accident claims and lawsuits, is when an employee causes harm while working (for example-driving for an employer and within the course and scope of the job at the time of the accident) and the injured party wants to hold the employer responsible for a claim such as negligent hiring, negligent training, negligent supervision, etc.
Direct Negligence
Ordinarily, under the doctrine of respondeat superior, an employer is liable for an employee's actions if those actions happen during work, or, in other words, during the course and scope of employment. Prior to the Binns decision, when an employer admitted fault in such a scenario, the employer may have expected that additional claims against the employer would not be pursued, such as negligent hiring, negligent training, negligent supervision, etc., because the employer may have already admitted negligence. However, now, under Binns, Tennessee law permits a plaintiff to pursue a direct negligence claim against the employer.
What Does This Mean for Claims Against Employers?
First, negligence claims will still be negligence claims. We will continue to see cases involving employees, during the course and scope of their employment, negligently rear-ending vehicles, running stop signs, etc. However, under the Binns decision, the employer may be held financially responsible due to a direct negligence claim as well. This is because the employer’s own actions, such as hiring someone unqualified, may play a role in causing the accident and injuries. Therefore, now, a plaintiff may be able to hold both the employee and the employer responsible, potentially increasing a jury verdict. For employers, this is a reminder to do due diligence when hiring and/or supervising employees who drive as part of the job, as the employer can now be required to defend additional claims even after admitting fault.
Tommy Santel is a co-founding partner of Santel | Garner. Tommy is a former government prosecutor. He is a Tennessee Supreme Court Rule 31 General Civil Mediator and his practice areas include criminal defense and civil litigation.
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