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. Dec. 14, 2020), the plaintiff was taking her grandson to school when she tripped and fell on a deteriorated section of sidewalk. The sidewalk was located on school property, which was owned and controlled by the defendant.
Plaintiff filed this suit under the GTLA, and defendant filed a motion to dismiss, asserting that it was “immune from suit pursuant to the public duty doctrine.” The trial court agreed, dismissing the case, but the Court of Appeals reversed the dismissal.
The Court of Appeals began its analysis by explaining that “both the GTLA and the public duty doctrine are affirmative defenses,” and that when a case potentially involves both, the Court is “to first look to the GTLA.” (internal citations omitted). If the Court determines that the GTLA “does not provide immunity, [it] may look to the general rule of immunity under the public duty doctrine.” (internal citation omitted). Continue reading