Case Summaries
of Importance to Counties

2010 Tort Liability

Sabaski v. Wilson County Board of Education, 36 TAM 4-6—Student’s parents sued school system for alleged issues with the student’s Individualized Education Plan developed pursuant to the Individuals with Disabilities Education Act (“IDEA”). The parents sued for assault and battery, false imprisonment and negligence (failure to train employees). The Court found that the IDEA did not preclude the claims for assault and battery and false imprisonment even though they related to the student’s educational plan because these claims are available to students who are not covered by the IDEA. The Court did find that the negligence claim, because it related to failure to train employees on dealing with disable students, was precluded because the IDEA is the exclusive remedy for failure to provide a free appropriate public education for disabled students (December 17, 2010).

Hughes v. Metropolitan Government of Nashville, 35 TAM 9-6—Metro public works employee was operating a piece of heavy equipment along Charlotte Avenue. While in the course of returning the equipment to his department, he came across two pedestrians, who were also Metro employees. The public works employee made a loud noise with the equipment which frightened the pedestrians and one was injured and sued. The trial court found that the public works employee’s actions were negligent, and thus, the GTLA applied and Metro’s immunity was removed. Metro argued that the employee’s “horseplay” was outside the scope of his employment and therefore, Metro should retain its immunity. The Court of Appeals found that even though the employee departed from Metro’s rules it wasn’t enough to say he wasn’t acting within the scope of his employment. His conduct occurred in the “general course of carrying out his employer’s business” and was thus within the scope of his employment (February 4, 2010).