Governmental Tort Liability (Reference Material)

    proceedings

m shall be valid or effectual I
o f a therein or exen»TioN.
ot a release or satisfactionF33«i. 
counterclaim, demand or 
le foregoing in the absencef
p ^h^Pter shL
f such hen. and the lien h o feos :

GOVERNMENTAL TORT LIABILITY

CH APTER  33— G O V E R N M E N T A L  TORT L IA B IL IT Y

23-3302

c damages on account o f sa!
fo v e r  from the one acceptii»^306. 

. e ^  » ‘ >'=
acceptii'

----- -
lent and

.Ivor o f the lienholder 
'ion o f the lien. Any acti<

_  ■ , , „  3307.
maintenance. Sati33308. 

in

Title.
Definitions.
Option to exempt from pro­

visions of law —  Applicable 
dates.

Applicability of other laws.
Inverse condemnation not a f­

fected.
Workmen’s compensation not 

affected.
Immunity from suit.
Removal of immunity for in­

jury from nejjlif^ent opera­
tion of motor vehicles— Ex­
ceptions.

I- court having jurisdiction Removal of immunity for in-Q Tr __ T J _ T t-t ̂  ̂  ̂   ̂̂  ̂  rm n .7

SECTION.
23-3316.
23-3317.
23-3318.

23-3319.
23-3320.
23-3321.
23-3322.

23-3323.

23-3324.

23-3325.

jury from unsafe streets and 23-3326.may be brought and mai , u i..
lien h o ld er FApfa lo ^ n  highways— Exception.

• [A c t s  1970 (Alft3 3310. Removal of immunity for in­
jury from dangerous struc-

lease a perfected lien as 4 
lapter, the operator o f tb

certii

tures— Exception.
J3-3311. Removal of immunity for in­

jury caused by negligent act 
or omission of employees—  
Exceptions.

13 3312. Construction of chapter— E f-

23-3327.

23-3328.

23-3329.

Claims— Time for filing notice 
— Contents and form of no­
tice.

Notice— Failure to comply.

23-3330.

23-3331.

Approval or denial of claim.
Denial of claim— Remedy.
Bond for costs or pauper’s 

oath required.
Jurisdiction of circuit courts.
Venue of actions.
Settlement of actions.
Determinations by court —  

Grounds for claims.
Judgment over limits of in­

surance policy prohibited —  
Exception.

Payment of claim— Source—  
Manner.

Creation of reserve or special 
fund.s— Purpose.

Authority to levy tax by gov­
ernmental entities— Purpose.

Liability insurance— Purchase 
authorized— Limits.

Liability insurance— Provision 
for waiver of sovereign im­
munity defense and for pay­
ments.

Construction of liability in­
surance policy not in com­
pliance with law.

Liability insurance for em­
ployees authorized.

Authorization for purchase of 
insurance without bidding.

ptiid shs]! 6XGcutG n
such hnan.'+oi  ̂ x ^Gfin fĝ j. g£ removal of immunity.
I 1 . fo r  trGatmeni J3-3313. claim for injury— Notice.
•luJy paid or discharged aa ^  3314. - 
‘ noticG of hospital lien hai 
■ease to be at the expenj 33 3315.
■nter upon the margin o f th

rtifi *  niemoranduc' 23-3301. Title.— This shall be known and cited as the
uncate o f payment or dij Governmental Tort Liability Act.”  [Acts 1973, ch. 345, § 1.] 

incate and entry shall con 
Tk shall receive the 
-27, § 5.]

on checks or drafts__Nt
aim, demand, or judgmer; 
int under this chapter, ai' 
ettle such claims, demands
S 6.J

provisions o f this chapter 
-ital an independent righl' 
I sustained by any persocf 
r compromise o f a claiit’ 
luire the approval o f the

Compiler’s Note. Section 32, Acts 1973, 
sum  ol fh. 345 provided that this chapter be ef- 

ffctive J a n u a ^ l,  1974 and aj)ply only to 
claims or actions arising after that date.

law Reviews. SovereTgriThimunity and 
tl'c Tennessee Governmental Tort Lia- / 
tility Act (John C. Cook), 41 Tenn. L. 
kev. 885.

Tennessee Civil Disabilities: A  Sys- 
t-.mic Approach (Ne il P. Cohen), 41 
Tenn. L. Rev. 253.

Comparative Legislation. Governmen­
tal tort liability:

Alaska. Stat., §§ 09.50.250-09.50.300.
Cal. Deering’s Codes, Government 

Cole, §? 810-996.6.
Hawaii. Rev. Stat., §§ 662-1— 662-15. 
Ida.Ho. Code 1947, §§ 6-901— 6-928.
Iowa. Code 1966, §§ 25A.1-25A.20.
.Minn. Slat. 1965, §§ 466.01-466.15.

‘Tennessee

; 23-2401— 23-Nebr. Rev. Stat. 1943,
2420, 81-8,209— 81-8,239.

N. J. Stat. Ann., §§ 59:1-1— 59:12-3.
N. Y. McKinney’s Consol. Laws, Judi­

ciary— Court of Claims, § 8 .
N. Car. Gen. Stat., §§ 143-291— 143- <-,3 5  € A  

300.1. //<.-'5
Okla. Stat. 1961, tit. 11, §§ 1751-1766.
Utah. Code Ann. 1953, §§ 63-30-1— 03- 

30-34.
Cited: Memphis v. Bettis (1974), —

Tenn. — , 512 S. W . 2d 270; Johnson v.
Oman Constr. Co. (1975), —  Tenn. — ,
519 S. W . 2d 782.

Collateral References. Attorney’s mis­
take or neglect as excuse for failing to 
file timely notice of tort claim against 
state or local governmental unit. 55 
A. L. R. (3d) 930.

ipply to any charges for 
incurred prior to March'

23-3302. Delinitions.— As used in this chapter:
(1) The words “ governmental entity”  shall mean any political 

Mibdivision of the state of Tennessee including, but not limited to, any 
municipality, metropolitan government, county, utility district, or



f o r  ^nyOJot^,e^ SO'COi f

C!i (̂/7irf\/ ^ //7 fJi£ ^  O (Jr$ WCl C > f s>n'̂ lcû nŷ /̂Oi
r CM I i V v T i <T'/- /iV^b//)'-('-J —
0-041 t,irvs. r -  m u n ICII*AL CORPORATIONS 4«
IVhe.ne^v'er^ c m ^

■hiv:)

•19

county sheriff and his deputies or any employee member of a fire or 
police department of a municipal corporation or olher polilical subdivi­
sion of the state of Tennessee shall be sued for damakms arisiiifr out of 
tho performance of his oflicial duties and wliile enjjaKod in the course 
of his employment by such tmvernmental agency, such governmental 
agency shall be authorized and required to provide defense counsel for 
such employee in such suit and to indemnify him from any judgment 
rendered against him in such suit; provided, however, that such in­
demnity shall not extend to any judgment for punitive damages or for 
damages arising out of any willful wrongdoing by said employee and; 
provided, further, that such municipal corporation or other political 
subdivision shall have notice of such suit.

Provided, however, that liability on behalf of any municipal corpora- 
tion or political subdivision affected by §§ 6-640, 6-641 shall be limited 
to fifty thousand dollars ($50,000) for each person injured or property 
damaged from any one (1) accident and one hundred thousand dollars 
($100,000) for all injuries and all property damage resulting from any 
one (1) accident. Provided, further, that in the event said municipal 
corporation or political subdivision is unable to purchase insurance to 
cover its obligation hereunder, except through the assigned risk pool 
then the limit of liability hereunder shall be limited to ten thousand 
dollars ($10,000) for injuries to any one (1) person resulting from one 
(1) accident and twenty thousand dollars ($20,000) for all injuries 
resulting from one (1) accident and five thousand dollars ($5 000) for 
property damage resulting from any one (1) accident if said insurance 
18 actually purchased. I f  insurance is not purchased through assigned 
nsk pool then lower limits provided for herein do not applv (Acts 1967 
ch. 374, § 1; 1972 (Adj. S.), ch. 782, § 1.] ^

Section to Section Reference. This sec- Wroncr (W illiam  H lYavissl 1 
tion is referred to in §§ 23-3303, 23-3304. State U  L  Rev 362  ̂ “ emphu

Law Reviews. Municipal Tort Liabil- SovereiRii Immunity ami The Tenues- 
ity in Tennessee: The King Can Do see Governmental Tort Liability Act

(.John C. Cook), 41 Tcnn. L. Rev. 885.

6-648.
Coe ; 

T*»n 
righu,

6-6.5
Herea* 
law or 
in the 
in the 
partmi 
of said 
said of] 
thereof 
with s.t 
when s 
ch. 101

Cross ' 
•lure to 
four’s 01

NOTES TO
2 . Construction.

Term “ indemnify” as used in this sec­
tion meant to secure against hurt, loss 
or damage or to make compensation for 
incurred hurt, loss or damage. Cunning­
ham V. Metropolitan Government ' 
Davidson County (1972), —  Tenn.
476 S. W . (2d) 641.

DECISIONS

~  ~  S. W.(2d) 641.

6-6-3 
of act
meratt 
and ta 
in §6 
accide 
as a r( 
believe 
violate 
metroj 
tions I 
able g 
volveti 
of any 
1969, c

&

3. Persons to be Benefited.
The indemnity relationship created by 

this section was for the sole benefit of 
policemen and firemen. Cunningham v. 
Metropolitan Government & Davidson

4. Damages.
Where estate of deceased police officer 

was insolvent so that it sustained no 
actual loss because of judgments against 
it as a result of suits brought by per­
sons injured in accident in which officer 
was killed, county was under no duty to 
indemnify estate fo r amount of judg­
ments rendered against estate. Cunning­
ham V. Metropolitan Government 
Davidson County (1972), —  Tenn.
472 S. W . (2d) 641.

6-641. Liability insurance for employee protection.
Section to Swtion Reference. This sec- Cited: Cunningham v. Metropolitan 

tion is referred to in §§ 23-3303, 23-3304. Government & Davidson County (1972)
—  Tenn. — , 472 S. W. (2d) 641.

6-658
Definiti'
requires

(a)
provisio 
or polic( 
retirenii

(b)
emidoyo 
nicipalil 
i.s receiv 
his servi

(c) ‘ 
system



this chapter. Every policy or contract of insurance purchased by  ̂
governmental entity as authorized by this chapter shall provide:

(a) Minimum limits of not less than twenty thousand dollars (?20 
000) for bodily injury or death of any one person in any one (1) acc; 
dent and not less than forty thousand dollars ($40,000) for bodil;. 
injury or death of any two (2) or more persons in any one (1) acc; 
dent provided, however, that in cases arising out of the ownership 
maintenance, and use of automobiles, the minimum limit shall be re 
less than fifty thousand dollars ($50,000) for property damage o: 
because of bodily injury or death of one (1) person in any one (b 
accident, and to a limit of not less than three hundred thousand dollar 
($300,000) because of bodily injury or death of two (2) or mor 
persons in any one (1) accident. Provided further, that in the ever, 
said governmental entity is unable to purchase insurance to cover it 
obligations hereunder, except through an assigned risk pool, then fo 
purposes of §23-3323 the limits of liability shall be ten thousanc 
dollars ($10,000) for injury to any one (1) person resulting from one 
(1) accident and twenty thousand dollars ($20,000) for all injuries 
resulting from one (1) accident with a limit of five thousand dollar; 
($5,000) for property damages resulting from any one (1) accident. 
I f insurance is not purchased through an assigned risk pool then the 
greater limits above apply.

(b) Minimum limits of not less than ten thousand dollars ($10,000), 
except as provided above, for injury to or destruction of property of 
others in any one (1) accident.

(c) Any governmental entity electing to self-insure its liability 
shall have the same limits of liability as if insurance had been pur­
chased. [Acts 1973, ch. 345, § 24.]

23-3328. Liability insurance— Provision for waiver of sovereign im­
munity defense and for payments.— Every contract or policy of insurance 
purchased under the terms of this chapter shall include a provision or 
indorsement by which the insurer agrees not to assert the defense of 
sovereign immunity and to pay all sums for which it would otherwise 
be liable under its contract or policy of insurance. [Acts 1973, ch. 345. 
§25.]

Section to Section Reference. This sec­
tion is referred to in §§ 23-3322, 23-3323.

23-3329. Construction of liability insurance policy not in compliance 
with law.—Any insurance policy, rider or indorsement purchased to 
insure against any risk w'hich may arise as a result of the application 
of this chapter and which contains any condition or provisions not in 
compliance with the terms of this chapter, shall not be rendered in­
valid, but shall be construed and applied in accordance wdth the in­
tention of this chapter. [Acts 1973, ch. 345, § 26.]

23-3330. Liability insurance for employees authorized.— A govern­
mental entity may insure any or all of its employees against all or any

-4- their liability for injury or damage resulting from a negligent 
^rt of expenditure for such insurance is herewith

'27.]
Section to Section Reference This sec- 

'Jon is referred to in § 23-3326.

23.3331. AulhorizaUonJor purchase a“ £ S

h"thirc^aMer without the necessity of public bidding, as required by
L  publk or private act or charter restriction, if such insurance is pur- 

S ^ ^ th rou gh  a plan authorized and approved by
gSvemmentafentities representing cities and counties. [Acts 1974 (A  j. 

S.),ch. 780, §2.]
Effective Date. Acts 1974 

Se;s ), ch.780,§3. April 4, 1974.
(Adj.

CHAPTER 34— M ED IC A L  M ALPR AC T IC E  REV

SICTION.
23-3401.
23-3402.
23-3403.

23-3404.

23-3405.
23-3406.
23-3407.

23-3408.

23-3409.

23-3410.

Title.
Definitions.
Establishment of board 

Claims —  Notice —  I ro- 
cedure —  Statute of limita­
tion.

Board location —  Rules com­
mittee.

Executive secretary.
Composition of boards.
Master panels —  Selection —  

Terms.
Calendar— Submission o f w rit­

ten evidence._ _ .
Hearing —  Majority and mi­

nority reports— Judge.
Mandatory counsel or appear­

ance.

SECTION.
23-3411.
23-3412.

23-3413.
23-3414.

23-3415.

23-3416.
23-3417.

23-3418.
23-3419.
23-3420.
23-3421.

lE W  BOARD A N D  C LAIM S

Order— Rehearing.
Compensation of board mem­

bers.
Changes in master panel.
Claimant’s burden —  Expert 

testimony— Presumption of 
negligence —  Jury instruc­
tions.

Statute of limitations —  Ex­
ceptions.

Inadmissible infornmtion.
Restrictions on issues and 

testimony.
Damages.
Attorneys’ fees.
Litigation in progress.
Fee assessment —  Failure to 

pay.

23.3401. T itle.-Th is chapter shall be known and may bo «ted^as 
the Medical Malpractice Review Board and Claims Act of 
1975, ch. 299, § 1.]

Cross-References. Malpractice insur­
ance, § 56-218.

23-3402. Definitions.-As used in this chapter, unless the context 
otherwise requires:

(1) “Medical malpractice action” means an action for damages or 
personal Ljury or death as a result of any alleged iiosteuoo or nodical 
malpractice by a health care provider, whether based upon tort or 
contract law.



KEIIEIUES a .VD special PEOCEEDINGS 1  ̂ OOVEENMENTAL TORT LIABILITY 23-3J27

“ ‘ r  “ ^ 1  -  a«..d  maY act exceed the applicable limits provided in the
arises. [Acts 1973, ch. 345, § 15.] cause of act: policy. [Acts 1973, ch. 345, § 28.]

-i n to Section Reference. This

P*" P‘i«P er ’s oath required.— At the timp §23-3327.
oath^requireVby ? 20 IGoT^^ f̂ shall file a bond for costs or pauper y  3324 Payment of claim—Source— Manner.— Any claim approved 

equiied by § 20-1601 et sequitur. [Acts 1973, ch. 345, § 19.] . by a governmental entity or any final judgment obtained
23 3310 T • 1- (• a B-overnmental entity shall be paid from funds appropriated

23 3090 Vo c S  hLr interest at six per cent (6% ) per annum on the unpaid
brouehf in , actions -S u its  filed under this chapter must 1 face  The provisions of this section shall be discretionary with
A gOTernme^!fni“ “ ?V' governmental entity is locate  ̂ ^  court of original jurisdiction and the said court is hereby au-
d êS êd t o T  1.  t  operating in more than one county shS  b ^^onTd in its  ̂d̂^̂^̂  ̂ to order a lump sum payment of any fina
[Acts 1973, ch 3 45^17 ] P^'ocipal office is founc udgement. All judgements below five, C540, § i/.j .̂ uK  ̂ instalment and must be paid as other tort judge­

ments. [Acts 1973, ch. 345, § 21.]
23-3321. Settlement of actions.—An officer or bodv 

he pverning body of any governmental entitv mavgovernmental entity"m a7'"subSrto^li?f ->3 3325 Creation of reserve or special funds—Purpose.—Any gov-

PP ted and to have such power. [Acts 1973, ch. 345, §18 ] *Lities w h en ^ ey  become payable pursuant to this chapter, or for
of nurchasing liability insurance to protect the cooperating 

b e fo r f  Court-Grounds for claim s-T h e  court ?overnmental entities from any or all risks created by this chapter.

and the proximate cause of plaintiff’s in'ifrv PP 9i qqoc Aufhoritv to levy tax by governmental entities— Purpose.
employees acted'lv^hTnThe s c Z  of h T f oT’ the employee or or charter to the contrary all
f a c t lT V  exceptions listed in §23-3311 are a^ficabTe^fo the jovinmental entities having the power to tax shall have authority

s before the court. No claim ma3’’ be broueht ao-̂ n’-ncif o i 'o lew  an annual property tax in the amount necessary to P^y 
or judgment entered against an employee for dar^SIf^n  f f  cL^s settlements or jud^ents secured pursuant to the provisions
governmental entity is liable under ?his chSter unlss fb t Z f  o fto  parthe costs to defend against same, or for the purpose
ouTr§^2?S fJ^ e x c t d f t L “ tin1m^Sm“ ^ :  maintaining a reserve or ® fout in 9 23-3328 or the amount of i n c , _____  ui_amiLs_set ___  ̂ coi-fipmpnfs. or ludement as may be reasonaoiy

c e S = :  v r u S ! , ” ' : ;  '“ d r
entity may exceed the minimum amounts of S suS tt governmental

3 '2 ? gSiaa' ’ ' nabStY ”p“  ifled“ ta 's S ''3o28, unless such governmental entity has secured insnr^^ ^
ni excess of said minimum requirements, in "w hU "event th "T d | -

«T " e tu  " o f  su7h iev^the mlximum levy as otherwise restricted by
L  irex teded  IherebYI provided that, in ^ X u T a ted
derived therefrom be used for any other purpose than those stipulated
herein. [Acts 1973, ch. 345, § 23.]

Section to Section Reference. This sec­
tion is referred to in § 23-3330.

23 3327 T iability insurance—Purchase authorized— Limits. —  Any 
governmental entity may purchase insurance to cover its liability under



23-3303
r e m e d i e s  a n d  s p e c i a l  p r o c e e d in g s

by .n y  one on „ 'o T fo i  “ he ? e r S f C " d “£ , ‘’^
or by an act Of the general assembly; governmental enti;

(2) The word “emnlovpp” aLoii 
whether elected or appofnted, officer em^Jo^pp''”  
ber of any board, agency or corĴ ’n f ;^  ^  f  or any me-

e n ^ ; L « S

b y T i ' c h S "

private person inflicteVby’-

~ A n y  governmental entity n ̂ from provisions of law-Applicable dale-

6-1012, sĥ all a p p ;y % "o "';t'to ? e ™ ™ ;;L ? :L r-^ ''-^
the provisions of this chapter Anv exempting itself fror
‘ tself from the provisions of th^ c h a 2 r T a °  1 
governing body elect at anv time tn T  ’̂esolution of it-
chapter, provided thaAhffcha^ter woffid onTv  ̂ Provisions of thi.- 
arising after the effective date of such reSution

e n u S  f r S S L S ' " e S  “ t S ^ r C t S f a r t ' - ' -  t\“
entities exempting themselves as nmviVio^ r governmenta.
graph, this chapter will only ’apply to chum ^V" P^'eceding para- 
January 1 , 1976. [Acts 1973, ch L s  S 31 f
1975, ch. 252, § 1 ]  ’ S ’ 19^4 (Adj. S . ) ,  ch. 780 § 1

Il5 GOVERNMENTAL TORT LIABILITY 23-3310

add^ThlTecond s^iftence^amendment
Ihe 1970 amendment added the sec­ond paragraph.

c h ^ 7 ? o !t^ ^  (Adj. S.l |
Acts 1975, ch. 252, § 2 . 'May 28, 197',

23-3304. Applicability of other Iaw« cir, +• 
and 6-1012, and all other acts or s t a t ic ?
sions of this chapter shall only be apffi^^^^ the proti-
exercising their right not to come u S r t h p  ?°^e™mental entities

as provided for by § 23-3303. [Acts m j c h  3 4 r r 3 o T '

apply to any action in "eminent* domaffi^S chapter shall not
§§23-1423 and 23-1424 nor be constmed
statutes. [Act.= 1973. ch. .34.5, s .5.] ^  ^  Jmphedly repeal those

23-3306. Workmen’s compensation not affected.— This chapter shall 
,ot apply to any action brought by an employee under the workmen’s 
^mpensation laws of Tennessee. [Acts 1973, ch. 345, § 6.]

23-3307. Immunity from suit.—Except as may be otherwise pro- 
cded in this chapter, all governmental entities shall he immune from 
(flit for any injury which may result from the activities of said goy- 
jmmental entities wherein said governmental entities are engaged m 
•Jie exercise and discharge or any of their functions, govemmental or 
proprietary. When immunitj' is removed by this chapter any claim 

damages must be brought in strict compliance with the terms 
jfthis chapter. [Acts 1973, ch. 345, § 3.]

23-3308. Removal of immunity for injury from negligent operation 
of motor vehicles— Exceptions.— Immunity from suit of all govern­
mental entities is removed for injuries resulting from the negligent 
operation by any employee of a motor vehicle or other equipment while 
in the scope of his employment; provided however, that this section 
shall not act as a repeal of §§ 59-801, 59-808, or 59-832, and the immuni­
ties provided by these sections are hereby expressly continued. [Acts 
1973, ch. 345, § 7.]

Cited- Memphis v. Bettis (1974), —  file timely notice of tort claim a p m st  
Tenn. — , 512 S W . 2d 270. . state or local governmental unit. 55

Collateral References. Attorney’s mis- A. L. K. (dU) 9du. 
take or neglect as excuse for failing to

23-3309. Removal of immunity for injury from unsafe streets and 
highways— Exception.— Immunity from suit of a governmental entity 
is removed for any injury caused by a defective, unsafe, or dangerous 
condition of any street, alley, sidewalk or highway; owned and con­
trolled by such governmental entity, provided, however, that this sec­
tion shall not apply unless constructive and/or actual notice  ̂ to the 
governmental entity of such condition be alleged and proved in addi­
tion to the procedural notice required by § 23-3314. [Acts 1973, ch. 345, 
§8.]

Collateral References. Attorney’s mis- state or local governmental unit. 55 
take or neglect as excuse for failing to A. L. R. (3d) 930. 
file timely notice of tort claim against

23-3310. Removal of immunity for injury from dangerous structures 
—Exception.— Immunity from suit of a governmental entity is re­
moved for any injury caused by the dangerous or defective condition 
of any public building, structure, dam, reservoir or other public im­
provement owned and controlled by such governmental entity Im­
munity is not removed for latent defective conditions, nor shall this 

• section apply unless constructive and/or actual notice to the govern­
mental entity of such condition be alleged and proved in addition to