Cason D. McInturff v. Battle Ground Academy of Franklin TN - Concurring ( 2009 )

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE November 5, 2009 Session CASON D. McINTURFF v. BATTLE GROUND ACADEMY OF FRANKLIN, TENNESSEE, ET AL. Appeal from the Circuit Court for Davidson County No. 06C-3128 Randy Kennedy, Judge No. M2009-00504-COA-R3-CV - Filed December 16, 2009 PATRICIA J. COTTRELL, P.J.,M.S., concurring. I concur in the affirmance of the trial court’s grant of summary judgment to TSSAA. I write separately to say that I do not believe that the umpires are either employees or independent contractors. Even the term independent contractors implies a relationship involving one party performing some work or a task for the other. That is simply not the situation here. TSSAA does not hire or provide umpires to officiate at games. I agree that the umpires are not agents of TSSAA in any way. ______________________________ PATRICIA J. COTTRELL, P.J., M.S.