Lawson v. Hawkins County
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The Supreme Court reversed the judgment of the court of appeals holding that the Tennessee Governmental Tort Liability Act, which removes immunity for certain injuries caused by the negligent acts of an employee, lifts immunity for grossly negligent and reckless employee actions in addition to merely negligent ones, holding that the Act's waiver of immunity for "negligent" acts includes only ordinary negligence, not gross negligence or recklessness.
Steven Lawson hit a "rock embankment" after a mudslide washed away part of Highway 70 on Clinch Mountain in Hawkins County, flipped down the mountain, and died before help arrived. Plaintiff brought this wrongful death action action against Hawkins County, the Hawkins County Emergency Communications District and the Hawkins County Emergency Management Agency, alleging that Defendants' grossly negligent and reckless conduct caused Lawson's death. The trial court granted Defendants' motions to dismiss, concluding that the Act gave Defendants immunity from recklessness claims and that the public-duty doctrine barred any negligence claims. The court of appeals reversed. The Supreme Court reversed, holding that the court of appeals erred by holding that the Act allows a plaintiff to sue a governmental entity for employee conduct that exceeds mere negligence.
Court Description: Authoring Judge: Justice Sarah K. Campbell
Trial Court Judge: Judge Alex E. Pearson
Governmental entities generally are immune from suit. But the Governmental Tort Liability Act removes immunity for certain injuries caused by the negligent acts of an employee. In this case, we consider whether the term negligent in the Act’s removal provision is limited to ordinary negligence or instead also encompasses gross negligence or recklessness. We hold that the Act removes immunity only for ordinary negligence. Because the Court of Appeals held to the contrary, we reverse the decision below and remand for further proceedings.
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