TENNESSEE PLAINTIFF FILES SUIT AGAINST EIGHT PUBLIC EMPLOYEES
A Tennessee Court of Appeals affirmed a County Circuit Court's dismissal and summary judgment in a highway case brought against the county's chief administrative officer and several members of the county road commision, as well as three state road engineers. The plaintiff was a driver who was injured when his automobile struck a ditch that had been cut across a rural road. Details of the plaintiff's charge are noted. The complaints against the chief administrative officer and the three road commissioners were dismissed because no one of them was personally responsible for the injuries received by the plaintiffs. The failure to purchase the proper equipment and provide warnings was considered an act of "nonfeasance," not "malfeasance." The Appeals Court upheld these dismissals. In regard to the failure to hire qualified individuals, the Appeals Court found that this failure does not violate any statute or common law, and thus the dismissal of these allegations could be upheld. The Appeals Court, however granted the plaintiff a right to a new trial against two of the eight individuals.
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Availability:
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Corporate Authors:
TranSafety, Incorporated
8136 Old Keene Mill Road, Suite B-101
Springfield, VA United States 22152 - Publication Date: 1987-7
Media Info
- Pagination: p. 2-3,6
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Serial:
- TRANSAFETY REPORTER
- Volume: 5
- Issue Number: 7
- Publisher: TranSafety, Incorporated
- ISSN: 0884-612X
Subject/Index Terms
- TRT Terms: Courts; Ditches; Governments; Injuries; Liability; Personnel; Traffic crashes; Warning signs; Work zone traffic control
- Subject Areas: Highways; Law; Maintenance and Preservation; Operations and Traffic Management; Safety and Human Factors; Society; I73: Traffic Control;
Filing Info
- Accession Number: 00472355
- Record Type: Publication
- Files: TRIS
- Created Date: Aug 31 1987 12:00AM