As previously mentioned on this blog, governmental actors are entitled to many special protections in Tennessee when they are the subjects of lawsuits. Under the Tennessee Governmental Immunity Act, governmental agencies and their employees are immune from liability in certain situations. Typically, when a governmental agency or entity is sued, the burden is on the plaintiff to show that governmental immunity does not apply. If the plaintiff cannot do so, the lawsuit will most likely be dismissed, as illustrated in a recent Court of Appeals case.
In this Tennessee premises liability case, L.W. sued the Chattanooga-Hamilton Hospital Authority after she was severely injured while visiting one of their hospitals, Erlanger, for an appointment. At the time, L.W. was recovering from a broken arm and had an appointment to visit her orthopedic doctor. When she arrived at Erlanger, she stepped into the hospital waiting room to wait for her appointment. Unbeknownst to her at the time, she was standing next to an emergency exit door that had no signage or distinguishing features. When an Erlanger employee suddenly exited the door, the door rammed into L.W., causing her to fly across the room and land on her back.
At the time of the accident, she could no longer feel anything below her neck and believed that she was paralyzed. It was later discovered that she had fractured her hip. As a result of the accident, L.W. lost significant mobility, was required to use a walker, and lived with constant pain.