Larry King v. Town of Selmer, Tennessee

Syllabus

In this Tennessee Rule of Appellate Procedure 9 interlocutory appeal, we address whether the trial court erred in denying Appellant Town's motion for summary judgment on Appellees' negligence and joint-venture claims. We conclude that the public-duty doctrine shields the Town from liability, and the special-duty exception does not apply. Furthermore, Appellees' \joint venture\ claims are simply additional negligence claims seeking to hold Appellant Town liable for the alleged negligence of other defendants. Because the Tennessee Legislature has not waived governmental immunity under such circumstances, Appellant Town's immunity was never removed as to the \joint venture\ claims. As such, the trial court erred in denying Appellant Town's motion for summary judgment as to Appellees' negligence and \joint venture\ claims.