Giggers v. Memphis Hous. Auth.
Annotate this CasePlaintiffs, survivors of a tenant killed by the criminal act of another tenant, filed suit against Defendant housing authority. Plaintiffs alleged Defendant was negligent in failing to evict the other tenant at the first instance of violent behavior. Defendant filed a motion for summary judgment claiming federal regulations preempted Plaintiffs' negligence claim and that it was immune from suit under the Tennessee Governmental Tort Liability Act (the GLTA). The trial court denied summary judgment. The court of appeals reversed. The Supreme Court reversed the court of appeals, holding (1) Plaintiffs' negligence suit was not preempted by federal law; and (2) Defendant's failure to evict was an operational decision and Defendant was not entitled to immunity under the GTLA. Remanded.
Court Description: Authoring Judge: Justice Janice M. Holder
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