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Court Upholds Dismissal of Injured Worker's Malpractice Claims Against Attorneys

By WorkCompCentral

Friday, March 2, 2018 | 278 | 0 | 36 min read

The Tennessee Court of Appeals upheld the dismissal of an injured worker’s malpractice action against her former attorneys, finding that her claims failed as a matter of law. Case: Elaster v. Massey, No. E2017-00020-COA-R3-CV, 02/22/2018, published. Facts and procedural history: April Elaster suffered an on-the-job injury in 2005. She filed a worker’s compensation claim against her employer, with the assistance of counsel. After her initial attorney withdrew as counsel, Elaster retained Gary Massey Jr. and Danny Ellis of Massey & Associates. Massey and Ellis represente...

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