29, 2017 Session
from the Circuit Court for Shelby County No. CT-001140-15
James F. Russell, Judge
case involves the application of the doctrine of res
judicata. Appellant filed a complaint against appellee
alleging retaliatory discharge, fraud, and intentional
infliction of emotional distress in the first lawsuit. The
trial court granted appellee's Rule 12.02(6) motion to
dismiss "in its entirety." Appellant thereafter
filed a second lawsuit against appellee alleging the same
causes of action. The trial court granted summary judgment to
appellee based on the doctrine of res judicata. Discerning no
error, we affirm.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Terrell L. Tooten, Cordova, Tennessee, for the appellant,
D. Meyers and Meghan K. McMahon, Memphis, Tennessee, for the
appellee, Turner Holdings LLC a/k/a Prairie Farms Dairy Inc.
Steven Stafford, P.J., W.S., delivered the opinion of the
court, in which Brandon O. Gibson, and Kenny Armstrong, JJ.,
MEMORANDUM OPINION 
STEVEN STAFFORD, JUDGE.
this case was decided on summary judgment, the facts are
largely undisputed and are taken from the statement of
undisputed facts contained in the record. On July 31, 2014,
Kevin Cash filed a complaint in the Shelby County Circuit
Court against his former employer, Turner Holdings LLC a/k/a
Prairie Farms Dairy Inc. ("Turner"), alleging
retaliatory discharge, fraud, and intentional infliction of
emotional distress stemming from an alleged on-the-job injury
for which Mr. Cash filed a worker's compensation
claim. On August 25, 2014, Turner filed a Rule
12.02(6) motion to dismiss Mr. Cash's claims for failure
to state a claim upon which relief can be granted, citing the
exclusive remedy provisions of the Tennessee Workers'
Compensation law, Mr. Cash's failure to "plead
direct factual allegations, " and the applicable statute
of limitations. On October 14, 2014, Mr. Cash filed an
amended complaint in order to correct any deficiencies. The
trial court held a hearing on the motion on November 7, 2014,
made oral rulings at the conclusion of the hearing, and
granted Turner's motion to dismiss. The trial court
entered an order on November 20, 2014, with a transcript of
the hearing attached as an exhibit, "grant[ing the
motion] in its entirety" and dismissing the case.
six months later, on March 18, 2015, Mr. Cash filed the
instant complaint in the same court alleging the same causes
of action against Turner. On April 15, 2015, Turner filed an
answer, denying all material allegations contained in the
complaint and raising various defenses. On June 3, 2015,
Turner filed a motion for summary judgment, asserting that
Mr. Cash's claims were barred by the doctrine of res
judicata because "the November 2014 order was a final
adjudication on the merits, the parties in the two lawsuits
are the same, and [Mr. Cash]'s claims in both lawsuits
are similar and based on the same factual allegations."
Several contentious filings ensued.
September 23, 2016, the trial court conducted a hearing on
Turner's motion for summary judgment. In its ruling, the
trial court clarified that the sole issue before it was
whether the grant of the motion to dismiss was a final order
dismissing the prior case on the merits. The trial court
concluded that Mr. Cash's claims in the instant case were
barred by the doctrine of res judicata, granted Turner's
motion for summary judgment, and dismissed the case "in
its entirety on the merits with prejudice." On October
4, 2016, the trial court entered an order granting summary
judgment to Turner. The trial court attached its oral ruling
from the hearing as an exhibit. Mr. Cash timely appealed.
Cash raises the following ...