Jeffrey L. Roberts v. Barry Lynn Carter, et al.

This is an appeal concerning the application of the Tennessee Governmental Tort Liability Act, specifically to Tennessee Code Annotated sections 29-20-203, 29-20-204, and 29-20- 205 of the Act. At issue is the trial court’s entry of summary judgment dismissing the plaintiff’s claims against a county government for damages sustained from an automobile accident allegedly caused by the washout of a road maintained by the county. For the reasons stated herein, we conclude that the trial court erred in granting summary judgment regarding the plaintiff’s claims under Tennessee Code Annotated sections 29-20-203 and 29-20-204. As to certain holdings the trial court made with respect to the pursuit of relief pursuant to section 29-20-205, we do not disturb the action of the trial court inasmuch as the plaintiff effectively abandons any reliance on that particular Code section on appeal.