WILLIAM S. NICKELS, ET AL. v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY - Articles

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Posted by: Landry Butler on Sep 29, 2016

Court: TN Court of Appeals

Attorneys 1:

John R. Jacobson and David Andrew Curtis, Nashville, Tennessee, for the appellants, William S. Nickels and W. Scott Nickels.

Attorneys 2:

Andrew David McClanahan, Christopher Michael Lackey, and Jenifer Bonilla Moreno, Nashville, Tennessee, for the appellee, Metropolitan Government of Nashville and Davidson County.

Judge(s): BENNETT

Two dentists filed this action against the Metropolitan Government of Nashville and Davidson County ("Metro") under the Governmental Tort Liability Act to recover damages caused by the allegedly dangerous condition of the sewer and stormwater system behind their office. The trial court dismissed all of the plaintiffs' claims. We have concluded that the trial court erred in several respects. The trial court erred in concluding that the combined line did not present a dangerous condition pursuant to Tenn. Code Ann. § 29-29-204(a), and in applying Tenn. Code Ann. § 29-20-205(a)(1) to the dentists' claims. Moreover, the trial court erred in concluding that Metro did not have a duty to repair a known dangerous condition in the combined line. We further find that the trial court erred in concluding that the dentists were not at fault in constructing the addition to their office. We agree with the trial court that some of the plaintiffs' claims are barred by the statute of limitations and the Act of God defense.

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