Kilgore v. Garner

1 Citing case

  1. Emerson v. Oak Ridge Research, Inc.

    187 S.W.3d 364 (Tenn. Ct. App. 2006)   Cited 42 times
    Concluding that "a provision allowing attorney's fees which did not exist before . . . created a new measure of damages for such claims" and that the trial court erred in retrospective application

    March 28, 2003). The opinion of this Court in Kilgore v. Garner, 1996 WL 469693 (Tenn.Ct.App. Aug.20, 1996), is not applicable to this case because it was decided prior to the Supreme Court's opinion in Carr, and thus fails to recognize that individual liability can attach under the statute for retaliation and or aiding and abetting, pursuant to the plain language of Tenn. Code Ann. ยงยง 4-21-102 and 301. In sum, the THRA is a remedial statutory scheme, and we are required to give a liberal construction to further its intent.