Photo istock/Kuzma

Below is a link to an October 26 opinion of the Tennessee Court of Appeals at Nashville in the case of Gregory v. Metro. The case arose following an auto accident that resulted in the death of James Ballentine, driver of a vehicle in which Ballentine and other passengers were trapped. Bystanders called 9-1-1. The calls went to the Metro (Davidson County) 9-1-1 Center, which dispatched emergency agencies from the City of Goodletsville, in Davidson County. Ballentine was removed from the vehicle and transported to Vanderbilt Hospital, where he died 12 hours later on May 30, 2010.

The case was brought by the deceased’s mother, who accused Metro Government’s 9-1-1 dispatchers of negligence for failing to call emergency agencies in a neighboring county (Robertson), which had emergency services in closer proximity to the accident. The case was first heard by a Davidson County Circuit Court Judge, which ruled in favor of Metro. The Court of Appeals upheld her ruling. This is an important decision that upholds an important principle, that “discretionary” actions, such as the decisions of dispatchers, will not be a basis for liability under Tennessee law. 

Click here: https://www.tba.org/sites/default/files/gregoryl_102912.pdf

Acknowledgment: Thanks to Stephen Martini for bringing this to our attention.