Cases Against the Government

October 4, 2010

There Was No Guardrail and I Went Off the Mountain!

I was driving in East Tennessee. A big truck came over the center-line into my lane and I swerved to avoid it. I lost control and went off the mountain. My friend who was in the car behind me saw the whole thing. He told me that I went through a hole in the guardrail and that the hole had been caused by another wreck nine months earlier that the State of Tennessee had never repaired. What are my rights?

First, if you can identify the trucking company and truck driver you would have a claim against them for crossing the center-line and forcing you off the road.

Second, even if you can’t identify the trucking company, you may have a uninsured motorist claim that you can assert against your own insurance company. Tennessee law permits you to make a claim on your own insurance when an unknown driver (called a "John Doe" driver) negligently causes a wreck. The fact that your friend saw the wreck is critical to being able to prove this claim.

September 29, 2010

My Car Was Hit By a Police Car!

by The Law Offices of John Day, P.C.

I was driving in Nashville and a police car ran a red light and plowed right into the side of me. I had to go to the hospital and they discovered that I broke my leg in the crash. Can I sue the police officer for causing the wreck?

Under Tennessee law, you cannot sue the police officer but you can sue the local government that employed the police officer. Therefore, if the police officer was employed by Metro Nashville, you can sue Metro Nashville.

Under Tennessee law, a governmental entity is responsible for certain negligent acts and omissions of its employees but its financial responsibility is capped at $300,000 for any one person, regardless of the seriousness of the injuries or even if the person is killed by the negligent act or omission. Damages to property are limited to $100,000.

September 22, 2010

The Building Inspector Messed Up!

by The Law Offices of John Day, P.C.

I live in a small town in Middle Tennessee. I just had an addition put on my house. The building inspector from my town came and approved the work done on the house, including the electrical work. Two days later the entire house burned. The cause of the fire was improper wiring work on the new addition. Can I sue the building inspector for failing to discover the bad wiring job?

No. Under Tennessee law a local government cannot be sued for negligent inspection. Thus, even if you could show that the building inspector did a bad job, neither the inspector nor his employer can be sued.

You may have a claim against the electrical contractor and perhaps even the general contractor. An experienced trial lawyer can help you investigate this claim and determine what rights, if any, you have.