IN THE COURT OF APPEALS OF TENNESSEE
AT NASHVILLE
FILED
May 6, 1998
JOE ERWIN and SUSAN ERW IN, )
as surviving parents and next of kin)
of BETHANY SUZANNE ERWIN, ) Cecil W. Crowson
) Appellate Court Clerk
Plaintiffs/Appellants, ) Appeal No.
) 01-A-01-9706-CV-00248
VS. )
) Maury Circuit
JAMES M. ROSE, WADE MATHENY, ) No. 5932
in his capacity as Sheriff of Maury )
County, Tennessee, MAURY COUNTY )
SHERIFF’S DEPARTMENT, MAURY )
COUNTY, TENNESSEE, and )
TRACY JOE LOVELL, )
)
Defendants/Appellees. )
OPIN ION O N PE TITION TO REHE AR
The appellants have filed a petition to rehear based on the Western
Section’s opinion in Sims v. Stewart, No. 02A01-9706-CV-00123 (Jackson, Jan. 21,
1998). In Sims the court relied on an earlier case of Dwight v. Tennessee Farmers
Mut. Ins. Co., 701 S.W.2d 621 (Tenn. App. 1985), and decided that the policy in
question “provides that reduction for worker’s compensation benefits applies to
damages and in no way affects the coverage available.” We think that Dwight stated
the opposite; it stated that coverage was reduced by any worker’s compensation
benefits paid or payable.
We respectfully overrule the petition to rehear.
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HENRY F. TODD, PRESIDING JUDGE
MIDDLE SECTION
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BEN H. CANTRELL, JUDGE
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WILLIAM C. KOCH, JR., JUDGE