MARK E. LYNCH and wife, CYNTHIA J. LYNCH v. Nissan North America, Inc.

NOT RECOMMENDED FOR PUBLICATION
File Name: 07a0403n.06
Filed: June 18, 2007
No. 05-6687
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
MARK E. LYNCH and wife, CYNTHIA J.
LYNCH,
Plaintiffs-Appellants,
v.
NISSAN NORTH AMERICA, INC.,
Defendant-Appellee.
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ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF TENNESSEE
OPINION
Before: GILMAN, GIBBONS, and GRIFFIN, Circuit Judges.
RONALD LEE GILMAN, Circuit Judge. Mark E. Lynch and his wife sued Nissan North
America, Inc., alleging that Nissan had been negligent both in failing to properly maintain a catwalk
involved in Lynch’s 2003 fall at Nissan’s manufacturing facility and in delaying the treatment that
he received following the accident. Nissan moved for summary judgment on the ground that, as the
principal contractor for the conveyor-construction project that Lynch was working on, it was immune
from tort liability under the Tennessee Workers’ Compensation Act. The district court granted
Nissan’s motion, dismissing the Lynches’ suit in its entirety. This timely appeal followed.
After carefully considering the record on appeal, the briefs of the parties, and the applicable
law, and having had the benefit of oral argument, we agree with the district court’s grant of summary
judgment to Nissan. Because the reasoning that supports the judgment for Nissan has been clearly

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No. 05-6687
Lynch v. Nissan N. Am., Inc.
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articulated by the district court in a thorough and comprehensive opinion, the issuance of a detailed
written opinion by us would be unduly duplicative. The judgment rendered by the Honorable Aleta
A. Trauger, District Judge of the United States District Court for the Middle District of Tennessee,
is accordingly affirmed on the basis of the reasoning set forth in her Opinion dated September 30,
2005.

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