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 Cook v. State of Tennessee, No. W2016-01914-COA-R3-CV (Tenn. Ct. App. July 27, 2017), the Court affirmed summary judgment in a case where a plaintiff inmate alleged the state was liable for the injuries he suffered after being stabbed by another inmate. Plaintiff and his cellmate were both inmates at…
In Elliott v. State, No. M2016-00392-COA-R3-CV (Tenn. Ct. App. March 13, 2017), the Court of Appeals affirmed the Claims Commission’s finding that plaintiff failed to prove that “the State was negligent in the design, construction, or maintenance of [a] roadway.” Plaintiff had a car accident on an exit ramp that…
In Hale v. State, No. E2016-00249-COA-R3-CV (Tenn. Ct. App. Feb. 2, 2017), the Court of Appeals affirmed dismissal of a negligence case because it was based on the failure of the Tennessee Department of Corrections (TDOC) to ensure compliance with a certain statute, and that statute did not “confer a…
In K.G.R. v. Union City School District, No. W2016-01056-COA-R9-CV (Tenn. Ct. App. Dec. 14, 2016), the Court of Appeals overturned a denial of summary judgment, determining that the incident that occurred was not foreseeable and that defendant had no duty to protect the minor plaintiff from a sexual assault. Plaintiff…
In Peters-Asbury v. Knoxville Area Transit, Inc., No. E2015-01816-COA-R3-CV (Tenn. Ct. App. Aug. 8, 2016), the Court of Appeals overturned a bench trial negligence verdict. Plaintiff was a student at the University of Tennessee with limited mobility due to a previous knee injury. For students with disabilities, UT provided transportation…
In Fowler v. City of Memphis, No. W2015-01637-COA-R3-CV (Tenn. Ct. App. Aug. 11, 2016), the Court of Appeals analyzed a case falling under the GTLA, ultimately holding that while plaintiff appeared to be making a premises liability claim, the case actually fell under a different provision of the Act. Plaintiff…
In Crutchfield v. State, No. M2015-01199-COA-R3-CV (Tenn. Ct. App. April 18, 2016), plaintiff sued the State for alleged negligence regarding a fire alarm in her college dorm room at Tennessee Technological University (TTU), a state university. While the claims commission found for plaintiff and awarded her damages, the Court of…
The Tennessee Court of Appeals has ruled that giving the State formal notice of a medical negligence (now “health care liability”) claim against an employee waives the right, if any, to assert that claim against that employee in state court based on the same acts or omissions. In Sumner v.…
In Holt v. City of Fayetteville, No. M2014-02573-COA-R3-CV (Tenn. Ct. App. Mar. 15, 2016), the Court of Appeals affirmed dismissal of plaintiffs’ claims due to the city’s immunity under the public duty doctrine, a key limitation of the Tennessee Governmental Tort Liability Act. According to plaintiffs, a police officer had…