DAVID BYARS and wife, ELIZABETH BYARS, M.D. v. RANDY FRAZIER and JEFF KELLEY - Articles

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Posted by: Tanja Trezise on Jul 10, 2012

Court: TN Court of Appeals

Attorneys 1:

Larry E. Parrish, Memphis, Tennessee, for the appellants, David Byars and wife, Elizabeth Byars, M.D.

Attorneys 2:

Jay M. Atkins, Oxford, Mississippi, for the appellees, Randy Frazier and Jeff Kelley

Judge(s): HIGHERS

The trial court granted Defendants’ motion to dismiss, finding, among other things, that Defendants were entitled to GTLA immunity. Because we find a question of fact exists as to whether Defendants acted within the scope of their employment in communicating with Plaintiff’s teaching supervisor, in communicating with the named individuals, and in ordering destruction of the surveillance video tapes, we reverse the trial court’s dismissal of Plaintiffs’ slander, false light, defamation, intentional infliction of emotional distress and loss of consortium claims with regard to such conduct. The decision of the trial court is affirmed in all other respects. The case is remanded for further proceedings consistent with this opinion.

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