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Posted by: Stacey Shrader Joslin on Sep 4, 2015

Court: TN Court of Appeals

Attorneys 1:

David L. Cooper, Nashville, Tennessee, for the appellant, Timothy R. Parsons.

Attorneys 2:

Jeffrey R. Thompson and N. Craig Strand, Knoxville, Tennessee, for the appellee, Wilson County, Tennessee.

Judge(s): DINKINS

Inmate at Wilson County jail, who fell from top bunk bed and injured his shoulder, sued the County under the Governmental Tort Liability Act for failing to assign him to a bottom bunk or provide him with a ladder to access the top bunk. Following a trial, the court held that the bunk assignment was a discretionary function, and consequently, the County was immune from suit; that the county owed no duty to provide a bottom bunk, and that the inmate was more than 50 percent at fault for his injuries. We reverse the trial court?s ruling that the County was immune and the court?s consideration of comparative fault; determining that the County was not negligent, we affirm the judgment in favor of the County.