Penny Lawson et al. v. Hawkins County, Tennessee et al. (Concur)

Case Number: E2020-01529-SC-R11-CV

I concur in the majority’s analysis and holding that Tennessee Code Annotated
section 29-20-205 removes immunity for Hawkins County only for ordinary negligence,
not gross negligence or recklessness. I write separately to highlight an issue not addressed
in the majority opinion—whether we should continue to apply the common law public duty
doctrine and the related special duty exception in cases where the legislature has addressed
the issue of immunity by statute.

Authoring Judge: Justice Holly Kirby
Originating Judge: Judge Alex E. Pearson
Date Filed:
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