By Robert J. Romano, JD, LLM, St. John’s University, Senior Writer
On May 1, 2023, high school football referee, Trae Cardwell, filed suit against the Metropolitan Government of Nashville, Davidson County, and the head coach of the Hunters Lane High School football team, William Thomas, in the U.S. District Court for the Middle District of Tennessee, Nashville Division. Per his two-count complaint, Mr. Cardwell claims that both the Metropolitan Government of Nashville, together with the County, are legally responsible for the negligent acts of its employee, Coach Thomas, under the Tennessee Governmental Tort Liability Act (TGTLA). This Act, passed into law in 1973, in general, balances the needs of injured persons to recover for injury or damage caused by the negligent acts of a local government with the needs of a local government to provide and of their citizens to receive public services, without unduly burdensome litigation and taxes.[1]
The gravamen of Mr. Cardwell complaint centers around an incident that occurred on August 19, 2022, when he was serving as the head linesman in a football game between Hunters Lane High School and Maplewood High School. During the second quarter, Maplewood High punted and as Mr. Cardwell ran down the sideline to officiate the play, he was ‘clotheslined’ by Coach Thomas’ outstretched arm, i.e., Coach Thomas extended his arm at neck level into Mr. Cardwell’s running path, resulting in him being hospitalized with an injured trachea for four days.[2] Mr. Cardwell claims that at the time of the alleged ‘clotheslining’, Coach Thomas was standing in the ‘restricted area’ of the playing field, which is a three-foot wide ‘buffer’ zone between the playing field and the area where coaches and back-up players sit or stand during the game, a violation of Section 8, Article 3 of the National Federation of State High School Associations’ (“NFHS”) Football Rule that states: ‘No player, nonplayer, or coach shall be in the restricted area when the ball is live.’[3] (Note, officials determined at that time that the ‘clotheslining’ was an accident, so no disciplinary actions were taken against Coach Thomas).[4]
The state of Tennessee’s TGTLA codifies the common law rule that ‘governmental entities shall be immune from suit for any injury which may result from the activities of such governmental entities.’ Exceptions to the common law rule, however, are set forth within Tennessee Code Annotated Sections 29-20-202 through 205, which provides for the removal of immunity of all governmental entities for injuries proximately caused by a negligent act or omission of any government employee within the scope of his or her employment when they occur during the following circumstances:
1) Negligent operation of motor vehicles or other equipment.[5]
2) Because of a defective, unsafe, or dangerous street and highway which includes streets, alleys, sidewalks, and/or traffic control devices.[6]
3) Because of injury sustained from dangerous structures which include any public building, structure, dam, reservoir, or other public improvement.[7]
4) Negligent acts or omissions of employee(s). However, immunity remains for discretionary functions, permitting licensing, negligent inspections, riots/civil disturbances, assessment of taxes, etc.[8]
As a result of these exceptions, Mr. Cardwell claims that both the Metropolitan Government of Nashville and the County are not immune from liability because, pursuant to TCA 29-20-205, the injuries he sustained resulted from the negligent acts of their employee, Coach Thomas. Cardwell’s position is that Coach Thomas had a duty to comply with the rules governing high school football coaches, including the NFHS rules which specifically prohibit a coach from standing anywhere near the ‘restricted area’ during live play of a game – outstretched arm or not.[9]
What is interesting about TGTLA’s above referenced immunity restraints and their statutory exceptions is that they do not apply to persons sued individually and/or in their individual capacity. However, ‘where the TGTLA specifically removes immunity of a governmental entity for certain negligent acts and omissions, courts have held that the governmental employee may not be sued individually for that same tort.’[10] Ironically, therefore, in this matter, Coach Thomas, together with his outstretched arm, would be immune from Mr. Cardwell’s individual claim for negligence if either the Metropolitan Government of Nashville and/or Davidson County are found not to be immune per Tennessee’s Governmental Tort Liability Act.
[1] Tennessee Code 29-20-101.
[2] Case No. 3:23-cv-00433 at p. 3.
[3] Id.
[4] https://www.tennessean.com/story/sports/high-school/2023/05/05/tennessee-referee-sues-nashville-football-coach-for-clotheslining-him/70177791007/
[5] TCA 29-20-202.
[6] TCA 29-20-203.
[7] TCA 29-20-204.
[8] TCA 29-20-205.
[9] Case No. 3:23-cv-00433 at p. 4.
[10] Tenn. Code Ann. § 29-20-310(b), see, Arbuckle v. City of Chattanooga, 696 F. Supp.2d 907, 929 (E.D. Tenn. 2010).
