DONALD HARP AND MARY HARP v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY ET AL. - Articles

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Posted by: Tanja Trezise on Jan 23, 2014

Court: TN Court of Appeals

Attorneys 1:

Saul Solomon and J. Brooks Fox, Nashville, Tennessee, for the appellant, Metropolitan Government of Nashville and Davidson County.

Attorneys 2:

Rocky McElhaney and Taylor C. Sutherland, Nashville, Tennessee, for the appellees, Donald and Mary Harp.

Judge(s): BENNETT

In this governmental tort liability action involving two metropolitan government employees, Employee 1 drove a school bus into Employee 2, resulting in serious injuries. Employee 2 and his wife filed suit under the Governmental Tort Liability Act against metropolitan government alleging that Employee 1 was negligent while acting in the course and scope of her employment and that, therefore, metropolitan government was liable under the doctrine of respondeat superior. Metropolitan government filed a third-party complaint against Employee 1 seeking to recover lost wages and medical expenses paid to Employee 2. The trial court determined that statutory removal of metropolitan government’s immunity for injuries caused by Employee 1’s negligence resulted in Employee 1’s immunity from liability. Accordingly, the trial court entered judgment for Employee 2 and his wife against metropolitan government. We affirm.

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