By The Law Offices of John Day, P.C. on Mar 27, 2024 06:15 am
Where plaintiffs alleged that defendant town negligently provided traffic control at a public festival, but the duty to provide safe traffic control was owed to the public at large, the public duty doctrine shielded the town from liability. In King v. Town of Selmer, Tennessee, No. W2023-00390-COA-R9-CV (Tenn. Ct. App. Jan. 8, 2024), plaintiffs filed suit after their two relatives were hit by a car and killed during a public festival in defendant town. The town had helped organize the event in partnership with several other entities. The town developed a traffic-control plan, which included using barrels and sawhorses to block certain streets and create a pedestrian-only zone. During the festival, a 91-year-old man drove through the barricades and hit the plaintiffs’ relatives, killing them. Plaintiffs filed this GTLA suit against the town, alleging that it was negligent in developing the traffic control plan. Plaintiffs also asserted a joint-venture claim against the town. Defendant town moved for summary judgment based on the public duty doctrine, which the trial court denied, but the Court of Appeals reversed that denial. Continue reading
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