Limbaugh v. Coffee Med. Ctr.,

Limbaugh v. Coffee Med. Ctr.,

No. M1999-01181-SC-R11-CV (Tenn. Oct. 16, 2001)

A government run nursing home (“home”) was sued by the son of a woman
who was assaulted in the home by one of the home’s nursing assistants whose
past behavior indicated a propensity for violent behavior. The son alleged that
the home had prior notice of the behavior and that it had negligently failed
to take precautionary measures. The trial court found in favor of the son, but
that decision was reversed by the appellate court. However, the Supreme Court
of Tennessee reversed the appellate court and held that the home had acted negligently
in failing to take reasonable precautions and that the home was not afforded
governmental immunity under Tennessee’s Governmental Tort Liability Act (“Act”).
Although the court recognized that the Act does provide protection to a governmental
entity under certain circumstances, the immunity provision did not specifically
list assault and battery within its intentional tort exception.