358 S.W.3d 612
Tenn. Ct. App.2011Background
- assault on Trevor Moore at Houston County Middle School; Plaintiffs sue Board of Education, Tyler Perry, Melissa Perry, Bradley Owle, and Renee Dennis for damages.
- Trevor reported continual bullying by Tyler Perry during 2006-07; complaints were made to HCMS administrators but policies were not followed.
- January 30, 2007 Bradley Owle, paid by Tyler Perry, attacked Trevor causing serious injuries.
- Trial court: Board 25% at fault but immune under TGTLA; non-governmental defendants liable for 75%.
- Plaintiffs appeal arguing (i) lack of discretionary-function immunity, (ii) foreseeability and negligence, (iii) improper fault allocation; Board cross-appeals on foreseeability and fault.
- Policies from 2006-07 Student Handbook prohibited bullying/harassment and outlined complaint procedures, but HCMS administrators did not follow them, implementing policies only in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Board immunity applies under discretionary function exception | Board acted operationally, not planning. | Disciplinary decisions are discretionary | Discretionary function immunity does not apply; Board liable |
| Whether foreseeability supports Board negligence | Board had notice of bullying and could foresee harm | Foreseeability contested given actions of student attacker | Foreseeable harm found; Board negligent |
| Whether liability should be joint and several or by comparative fault | All tortfeasors liable for total damages | Apply comparative fault among defendants | Rejects comparative fault; all tortfeasors jointly and severally liable |
| Whether Board’s immunity dismissal should be affirmed | Immunity should not shield negligence | Immunity applies to discretionary acts | Reversed; Board not immune; holds Board liable |
Key Cases Cited
- Limbaugh v. Coffee Med. Ctr., 59 S.W.3d 73 (Tenn. 2001) (discretionary function analysis; policy vs. operational decisions; immunity depends on policy implementation)
- Chudasama v. Metropolitan Gov't of Nashville and Davidson Cnty., 914 S.W.2d 922 (Tenn. Ct. App. 1995) (distinguishable facts; teacher's supervision duty case)
- Banks v. Elks Club Pride of Tenn., 301 S.W.3d 214 (Tenn. 2010) (joint and several liability for intentional and negligent torts; Limbaugh progeny)
- White v. Lawrence, 975 S.W.2d 525 (Tenn. 1998) (joint and several liability context in torts)
- Turner v. Jordan, 957 S.W.2d 815 (Tenn. 1997) (principles of joint and several liability in torts)
- McClenahan v. Cooley, 806 S.W.2d 767 (Tenn. 1991) (proximate causation foreseeability standard)
- Roberts v. Robertson County Bd. of Educ., 692 S.W.2d 863 (Tenn. Ct. App. 1985) (duty to safeguard against reasonably foreseeable dangers in schools)
- Mason ex rel. Mason v. Metro. Gov't of Nashville and Davidson Cnty., 189 S.W.3d 217 (Tenn. Ct. App. 2005) (foreseeability in school context; duty to prevent harm)