ERWIN v. ROSE


980 S.W.2d 203 (1998)

Joe ERWIN and Susan Erwin, as surviving parents and next of kin of Bethany Suzanne Erwin, Plaintiffs/Appellants, v. James M. ROSE, Wade Matheny, in his capacity as Sheriff of Maury County, Tennessee, Maury County Sheriff's Department, Maury County, Tennessee, and Tracy Joe Lovell, Defendants/Appellees.

Court of Appeals of Tennessee, Middle Section, at Nashville.

Rehearing Denied May 6, 1998.

Permission to Appeal Denied October 12, 1998.


Attorney(s) appearing for the Case

Paul A. Bates, Christopher V. Sockwell, Lawrenceburg, for Plaintiffs/Appellants.

Alan M. Sowell, Nashville, for Defendants/Appellees James M. Rose and Maury County, Tennessee.

T. Edward Lawwell, Columbia, for Appellee Tennessee Farmers Mutual Insurance Company.


Permission to Appeal Denied by Supreme Court October 12, 1998.

OPINION

BEN H. CANTRELL, Judge.

This case involves questions of the liability of a municipality and its agents under the Governmental Tort Liability Act. It also involves a question of the liability of a plaintiff's underinsured motorist carrier when the plaintiff has recovered from the tort-feasor more than the policy limits. We affirm the lower court's order on the liability...

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