MARTHA McCORMICK v. WARREN COUNTY BOARD OF EDUCATION

This appeal involves a GTLA claim for personal injuries arising out of alleged negligence. The plaintiff suffered personal injuries after falling in a hole in a school football field. The plaintiff filed this lawsuit against the defendant board of education alleging negligence by failure to maintain the school premises and failure to warn. As defenses, the defendant board of education asserted governmental immunity and comparative fault. After a bench trial, the trial court held that the board of education had constructive notice of the hole in the football field and so did not have governmental immunity, and awarded the plaintiff monetary damages. The board of education now appeals, challenging the trial court’s holding on governmental immunity and arguing the plaintiff’s comparative fault. We affirm the trial court’s holding as to governmental immunity, but remand on the issue of comparative fault for findings of fact and conclusions of law pursuant to Rule 52.01 of the Tennessee Rules of Civil Procedure.

Attorney 1: 

Ricky L. Stacy, McMinnville, Tennessee, for Defendant/Appellant, Warren County Board of Education

Attorney 2: 

Sonya W. Henderson, Murfreesboro, Tennessee, for Plaintiff/Appellee, Martha McCormick

Judge: 
KIRBY
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