Courtney L. Wherry, et al. v. Obion County Board of Education, et al.

This negligence action arose when Courtney L. Wherry (“Ms. Wherry”), a member of the South Fulton High School sideline cheerleading team, fell and injured her neck while performing a “shoulder sit” stunt in the endzone of a football field prior to a high school football game. Ms. Wherry and her parents, Jason T. Wherry and Jaime L. Tidwell, (collectively, “the Wherrys”) brought suit against the Obion County Board of Education and Obion County School District (collectively, “the School District”)1 under the Tennessee Governmental Tort Liability Act to recover damages for the injuries sustained by Ms. Wherry. The Wherrys sought recovery based upon two negligence theories: (1) that the school district’s selection and hiring of the South Fulton High School cheerleading coach Nichole Harrell (“Ms. Harrell”) was negligent, and (2) that the negligent acts and omissions of Ms. Harrell on the night of the accident related to the football field conditions were the cause in fact and proximate cause of Ms. Wherry’s injuries. Following a bench trial, the trial court found in favor of the School District on both negligence theories. The Wherrys appeal. We affirm the judgment of the trial court.