Claim Against the State Barred Because Sovereign Immunity Has Not Been Removed for Gross Negligence.

The Tennessee Court of Appeals has released its decision in Gordon v. State, No. W2023-01012-COA-R3-CV (Tenn. Ct. App. Oct. 10, 2024). The syllabus from the slip opinion reads:

The State appeals a judgment against it for an injury caused by the gross negligence of its employees in the creation or maintenance of a dangerous condition on state-owned property. Because we conclude that the Tennessee Claims Commission lacks subject matter jurisdiction over claims for gross negligence, we reverse.

Here is a link to that opinion: GordonTannaOPN.pdf (tncourts.gov).

NOTE: This is a must-read opinion for any lawyer who is handling a case before the Tennessee Claims Commission (especially where Tennessee's Recreational Use Statute is in play). 

Dismissal of Plaintiff's Third Lawsuit Upheld on Appeal Because It Was Not Timely Filed under the Saving Statute; Appeal Held to Be Frivolous

The Tennessee Court of Appeals has issued its opinion in Abdou v. Brown, No. M2023-01593-COA-R3-CV (Tenn. Ct. App. Sept. 23, 2024). The syllabus reads:

This appeal arises from a civil action that was commenced and voluntarily dismissed without prejudice twice before the plaintiff refiled the same action for a third time. The defendants responded to the third filing by moving to dismiss on the ground that the third action was filed outside of the applicable statute of limitations. Relying on the authority in Payne v. Matthews, 633 S.W.2d 494 (Tenn. Ct. App. 1982), the trial court agreed with the defendants and dismissed the action with prejudice. The plaintiff appeals. We affirm. In their brief, the defendants/appellees ask this court to award them their attorney’s fees and expenses incurred in defending this appeal, contending that the appeal is frivolous. Finding that the appeal is devoid of merit and, therefore, frivolous, we remand this matter to the trial court to award the defendants/appellees their reasonable and necessary attorney’s fees and expenses incurred in defending this frivolous appeal.

Here is a link to that slip opinion: Majority Opinion - M2023-01593-COA-R3-CV.pdf (tncourts.gov).

NOTE: This opinion explains the interaction between the saving statute and Rule 41 of the Tennessee Rules of Civil Procedure. It also explains when an appeal is frivolous. Being familiar with this opinion will keep a lawyer out of trouble in my humble opinion.