VICTOR D. MCMILLER, SR. v. STATE OF TENNESSEE - Articles

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Posted by: Tanja Trezise on Apr 27, 2015

Court: TN Court of Appeals

Attorneys 1:

Victor D. McMiller, Sr., pro se appellant.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter; Andreé Blumstein, Solicitor General; and, Pamela S. Lorch, Senior Counsel, Office of the Attorney General, for the appellee, the State of Tennessee.

Judge(s): SWINEY

This appeal arises from inmate Victor D. McMiller, Sr.'s (“Claimant”) lawsuit against the State of Tennessee (“the State”) for negligence. According to Claimant, he was injured when he fell off a bunk bed, and, given his medical status, the State never should have required him to use a top bunk as it did. The Tennessee Claims Commission found that the State was predominantly at fault in the incident but that Claimant failed to prove he actually was injured by the fall, thus defeating the negligence claim. Claimant appeals. We affirm the judgment of the Claims Commission.

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