The Tennessee Court of Appeals has ruled plaintiffs can pursue claims based on recklessness and gross negligence under the GTLA. In Lawson v. Hawkins County, TN, No. E2020-01529-COA-R3-CV (Tenn. Ct. App. July 14, 2021), plaintiffs filed suit based on the death of decedent in a fatal one-car accident. According to…
Where plaintiff’s Tennessee GTLA claims all related to the allegation that airport officers used excessive force when interacting with and eventually detaining him, defendant airport authority “retained immunity under the civil rights exception in [Tenn. Code Ann.] § 29-20-205(2).” In Nichols v. Metropolitan Nashville Airport Authority, No. M2020-00593-COA-R3-CV (Tenn. Ct.…
Where a minor student was accidentally hit in the head by a shot put thrown by his track and field coach, immunity for the school was removed under the GTLA and a judgment for plaintiff was affirmed. In Spearman v. Shelby County Board of Education, No. W2019-02050-COA-R3-CV (Tenn. Ct. App.…
Where plaintiff filed a GTLA suit based on the city school system’s failure to remedy a dangerous condition on a sidewalk at its high school, the public duty doctrine did not apply and immunity was removed under the GTLA. In Lawson v. Maryville City Schools, No. E2019-02194-COA-R3-CV (Tenn. Ct. App.…
Where a sheriff’s deputy owed a duty to the public at large, but not to plaintiff specifically, to protect cars from running into a downed tree on a state highway, the Public Duty Doctrine barred plaintiff’s GTLA suit and dismissal of plaintiff’s case was affirmed. In Kimble v. Dyer County…
Where plaintiff failed to file a transcript or a Rule 24 statement of the evidence with the appellate court, the “facts found by the trial court [were] conclusive on appeal” and the ruling for defendant school system was affirming in this GTLA case. In Johnson v. Millington Municipal Schools, No.…
Where a middle school student was injured when he tripped on his backpack strap, beginning a chain of events that knocked down a chair that was stacked on top of a table and injured his hand, summary judgment was affirmed based the lack of a dangerous condition and the injury…
Where a trial court did not explain the legal basis for its ruling that a deputy sheriff was immune from a defamation suit under the GTLA, the Court of Appeals vacated the judgment. In Taylor v. Harsh, No. M2019-01129-COA-R3-CV (Tenn. Ct. App. Feb. 21, 2020), plaintiff filed suit against defendant,…
Where plaintiff was injured when he was standing on the water meter box in his yard and the concrete cover unexpectedly moved, and the governmental water authority had noted that the box needed to be replaced four months before the incident, the Court of Appeals affirmed a finding that the…
Where a man being arrested was shot and killed after he went out of his home and raised a gun towards a police officer, the Court of Appeals affirmed dismissal of a GTLA tort suit, finding that the police department was immune from suit and that the suit was barred…