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Hughes v. Metropolitan Government of Nashville and Davidson County

340 S.W.3d 352 (2011)

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Hughes v. Metropolitan Government of Nashville and Davidson County

Tennessee Supreme Court
340 S.W.3d 352 (2011)

Facts

An employee (defendant) of the Metropolitan Government of Nashville and Davidson County (the county) (defendant) played a prank by driving a front-end loader toward Hughes (plaintiff) in an intimidating manner, causing Hughes to injure himself while jumping out of the way. The prank occurred during working hours as the employee drove the vehicle along an access road leading to the public-works building. The employee was trained and authorized to operate the vehicle and was required to return the vehicle to the public-works building at the end of each workday. The employee was not criminally charged for his conduct. However, if he had been charged, the charge would have been a misdemeanor rather than a felony. Hughes sued, arguing that the county was liable for the employee’s negligence. The county raised the defense of sovereign immunity. Pursuant to Tennessee law, sovereign immunity was an available defense only for intentional torts committed by county employees. The county did not have sovereign immunity for the negligent acts of county employees acting within the course and scope of employment. A jury found the county liable for the employee’s negligence, and the court of appeals affirmed. The county appealed.

Rule of Law

Issue

Holding and Reasoning (Wade, J.)

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