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Saturday, October 12, 2024

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). 

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