AUSTIN v. COUNTY OF SHELBY


640 S.W.2d 852 (1982)

Emmy AUSTIN, and William L. Austin, Sr., as Next of Kin of William L. Austin, Jr., Deceased, Plaintiffs-Appellees, v. COUNTY OF SHELBY, Tennessee, et al., Defendants-Appellants.

Court of Appeals of Tennessee, Western Section at Jackson.

Application for Permission to Appeal Denied October 25, 1982.


Attorney(s) appearing for the Case

G. Wynn Smith, Jr., Patrick M. Ardis and Thomas J. Walsh, Jr., Memphis, for plaintiffs-appellees.

J. Minor Tait, Jr., Edmund O. Archer, and Warner Hodges, III, Memphis, for defendants-appellants Shelby County, William N. Morris, Jr., Roy C. Nixon, E. Lee Hyden, Bobby W. Fisher, James G. Harbor, George A. Dando, Robert D. Holden, Charles B. Barbaro, and John Green.

James M. Manire, Memphis, for defendants-appellants City of Memphis, Wyeth Chandler, Maynard C. Stiles, Jr., Frank P. Palumbo, Jr., Henry R. Evans, Clay W. Huddleston and James G. James, Jr.


Application for Permission to Appeal Denied by Supreme Court October 25, 1982.

NEARN, Judge.

A discretionary appeal under Rule 9, Tennessee Rules of Appellate Procedure was granted in this case.

The question is whether the severance provisions of the Tennessee Governmental Tort Liability Act found in T.C.A. § 29-20-313 are mandatory.

The answer is yes.

In this wrongful death case plaintiffs Austin sued over fifty defendants including...

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