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…
A plaintiff’s claim that the city had a duty to protect her against a dog owned by another citizen fell under the public duty doctrine, and summary judgment for defendant city was thus affirmed. In Fleming v. City of Memphis, No. W2018-00984-COA-R3-CV (Tenn. Ct. App. Mar. 5, 2019), plaintiff filed…
Where an ROTC instructor pulled a stool from beneath a student, his actions were not within the scope of his employment and immunity was not removed under the GTLA. In O’Brian v. Rutherford County Board of Education, No. M2017-00527-COA-R3-CV (Tenn. Ct. App. July 31, 2018), plaintiff was a sophomore…
Where a trial court granted defendant’s motion for summary judgment in a Tennessee premises liability case without considering plaintiff’s motion to amend her complaint, summary judgment was vacated. In Shaw v. Metropolitan Government of Nashville and Davidson County, Tennessee, No. M2016-02455-COA-R3-CV (Tenn. Ct. App. Dec. 14, 2017), plaintiff was a…
The statute of limitations for a claim falling under the GTLA is one year. In Thigpen v. Trousdale County Highway Department, No. M2016-02556-COA-R3-CV (Tenn. Ct. App. Sept. 19, 2017), a pro se plaintiff filed suit against the highway department and two individuals claiming that they damaged his home while using…
Depending on the circumstances, a police officer pulling a handcuffed person by the chain linking the two cuffs may be enough to support a claim for assault and battery in Tennessee, even without evidence of a significant injury. In Stafford v. Jackson County, Tennessee, No. M2016-01883-COA-R3-CV (Tenn. Ct. App. Aug.…
In Elliott v. City of Manchester, No. M2015-01798-COA-R3-CV (Tenn. Ct. App. July 24, 2017), the Court of Appeals analyzed an inmate’s ability to recover from a governmental entity when injured while on work detail. Plaintiff was an inmate at Coffee County jail. While out performing a work assignment, plaintiff “fell…