New SCOTN Opinion: Dismissal of Complaint Due to the Fact that Governmental Immunity Is Removed for "Negligent" Employee Conduct but Not "Reckless" Conduct Upheld on Appeal

The Tennesse Supreme Court has released its opinion in Lawson v. Hawkins County, No. E2020-01529-SC-R11-CV (Tenn. Feb. 16, 2023). The syllabus reads:

Governmental entities generally are immune from suit. But the Governmental Tort Liability Act removes immunity for certain injuries caused by the negligent acts of an employee. In this case, we consider whether the term “negligent” in the Act’s removal provision is limited to ordinary negligence or instead also encompasses gross negligence or recklessness. We hold that the Act removes immunity only for ordinary negligence. Because the Court of Appeals held to the contrary, we reverse the decision below and remand for further proceedings.

Here is a link to the slip opinion: 

0fdbd31a-edd1-44c4-a8ac-21567adf393a.pdf (tncourts.gov).

Justice Kirby's concurring opinion is at this link:

LAWSON - Separate Opinion.pdf (tncourts.gov).

NOTE: This opinion is a must-read one for any lawyer who handles claims under Tennessee's Governmental Tort Liability Act. 

The previous opinion from the Tennessee Court of Appeals can be found at this link:

Tony Duncan Law: New Case on the Tennessee Governmental Tort Liability Act: Liability Based on Negligence, Gross Negligence, Recklessness, and Exceptions to the Public Duty Doctrine Save the Day; Trial Court's Dismissal Reversed on Appeal (theduncanlawfirm.blogspot.com).