"The King Can (Still) Do No Wrong..." the Western Section Rules in GTLA Case

LORI GREGORY, IN HER CAPACITY AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JAMES BALLENTINE v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY
Court: TN Court of Appeals

Attorneys:

John E. Herbison, Clarksville, Tennessee, for the Plaintiff/Appellant Lori Gregory, in her capacity as personal representative of the Estate of James Ballentine

Saul A. Solomon, Director of Law, and Andrew D. McClanahan, James E. Robinson, and R. Alex Dickerson, Assistant Metropolitan Attorneys, for the Defendant/Appellee Metropolitan Government of Nashville and Davidson County

Judge: KIRBY
 This is a negligence claim under Tennessee’s Governmental Tort Liability Act. The decedent was involved in a serious vehicular accident. A witness called the defendant municipality’s 911 emergency communications center for help. The 911 responders went to the accident scene and transported the decedent to a local hospital, where he died. The decedent’s mother filed this lawsuit against the municipality, alleging that the 911 operator was negligent in failing to summon emergency personnel from a neighboring county, because those responders were closer to the scene of the accident and could have provided aid to the decedent sooner. The municipality filed a motion for judgment on the pleadings, arguing inter alia that it owed no duty to summon aid outside of its jurisdiction. The trial court granted the motion, and the plaintiff now appeals. We affirm.

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