Tennessee
How Carter v. State of South Dakota applies in Tennessee: state-specific rules, key cases, and bar exam notes for Torts.
Tennessee follows the principles of sovereign immunity with strict limitations on the tort liability of the state. Like South Dakota, Tennessee recognizes exceptions, particularly in cases of negligence by the state and its entities, often focusing on the discretionary versus operational functions of state employees.
In Tennessee, the state may be liable for tort claims under the Tennessee Governmental Tort Liability Act (TGTLA), specifically when negligence leads to injuries caused by the condition of property owned by the government.
The Tennessee Supreme Court held that sovereign immunity does not protect the state when it engages in a proprietary function, allowing the plaintiff to recover damages.
The court ruled that the state could be liable under the TGTLA for negligent acts that involve the operation of state-owned vehicles.
This case further clarified the boundary of state liability, determining that the actions of state agents in a operational capacity could breach the duty owed to individuals.
Tennessee's application of sovereign immunity under TGTLA is more restrictive than many federal statutes, which often allow broader recoveries against governmental entities under the Federal Tort Claims Act (FTCA). However, both frameworks involve exceptions based on the nature of the governmental function involved.
Candidates should familiarize themselves with the nuances of sovereign immunity in Tennessee, especially how it relates to the TGTLA and its exceptions, as it is frequently tested in the bar exam.