Case Summaries
of Importance to Counties

2014 Tort Liability

Turner v. City of Bean Station, 2014 WL 7414324 (Tenn. Ct. App.)—Plaintiff was injured during softball game and sued the city for negligently maintaining the field. The city argued that it was immune from suit under the GTLA and that immunity was not removed because it did not own or control the field. The trial court denied the city’s motion for summary judgment and the city appealed. The Court of Appeals ruled for the city. According to the Court, immunity is only removed under the GTLA for “any injury caused by the dangerous or defective condition of any public building, structure, ... or other public improvement owned and controlled by [a] governmental entity.” In this case, the evidence showed that the field was owned by TVA. TVA had granted the city a license to use the field “solely for recreational use as a ball park” and the city had then “leased” the field to the Bean Station Little League who in turn subleased the field to another party for a charity tournament. Based on this, the plaintiff was unable to prove an essential element necessary to remove liability under the GTLA—that the city owned and controlled the property at the time of the injury. Thus, the city was immune from suit (December 30, 2014).