Colleen Perdue v. Green Branch Mining - Supreme Court of Texas

Colleen Perdue v. Green Branch Mining

By Supreme Court of Texas

  • Release Date: 1992-07-20
  • Genre: Law
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Colleen Perdue v. Green Branch Mining Supreme Court of Texas Book Review Score: ★★★★★ 5/5 stars

In this workers compensation death case, the primary issue is whether the trial court abused its discretion in commuting the surviving spouses and the surviving childrens death benefits to a lump sum. An ancillary issue is whether the trial court erred in assessing the guardian ad litems fees against the childrens lump-sum award instead of the defendant as discretionary costs under Tenn. R. Civ. P 54. We conclude that the trial court did not abuse its discretion in commuting the widows benefits, but erred in commuting the surviving childrens benefits to a lump sum and in assessing the guardian ad litems fees against the childrens award.

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