Condra v. Bradley County

1 Citing case

  1. Colson v. City of Alcoa

    No. 3:16-CV-377 (E.D. Tenn. Mar. 26, 2018)   Cited 2 times
    Denying summary judgment to officer, finding a question of fact for the jury where the officer had reason to believe that a nurse's assessment of the plaintiff's condition was not reliable

    Under the TGTLA, Tennessee courts recognize that the burden rests on the party moving for summary judgment. See Sides v. Cooper, No. W2011-00813-COA-R3-CV, 2011 WL 6712717, at *2 (Tenn. Ct. App. Dec. 21, 2011) (stating that, in a claim under the TGTLA, "we must consider . . . the evidentiary materials in the light most favorable to the movant's opponent" (quotation omitted)); Condra v. Bradley County, No. E2007-01290-COA-R3-CV, 2009 WL 196020, at *5 (Tenn. Ct. App. Jan. 28, 2009) (stating that "the movant . . . did not meet its burden" to obtain summary judgment under the plaintiff's TGTLA claim). In addition, a defendant's request for statutory immunity under the TGTLA is an affirmative defense, Morgan v. Memphis Light Gas & Water Co., No. W2016-01249-COA-R3-CV, 2018 WL 733217, at *1 (Tenn. Ct. App. Feb. 6, 2018), for which the defendant bears the burden of proof at trial, Weaver v. Deverell, No. W2011-00563-COA-R3-CV, 2011 WL 5069418, at *7 (Tenn. Ct. App. Oct. 26, 2011) ("An affirmative defense will shift the burden of proof to the defendant."