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CHASE v. CITY OF MEMPHIS

971 S.W.2d 380 (1998)

William J. CHASE, Jr., as Administrator C.T.A. of the Estate of Betty Lou Stidham, Deceased, Plaintiff/Appellee/Cross-Appellant, v. The CITY OF MEMPHIS, Defendant/Appellant/Cross-Appellee.

Supreme Court of Tennessee, at Jackson.

July 21, 1998.

Attorney(s) appearing for the Case

Robert M. Fargarson, Martin W. Zummach, Monica Moore Hagler, Memphis, for defendant/appellant/cross-appellee.

John J. Heflin, III, Memphis, for plaintiff/appellee/cross-appellant.

John Knox Walkup, Atty. Gen. and Reporter, Meredith DeVault, Senior Counsel, Civil Rights and Claims Division, for intervenor, State of Tennessee.

OPINION

HOLDER, Justice.

This case involves a tort action against the defendant, City of Memphis, arising out of a woman's death when she was mauled by two pit bull dogs. The Court of Appeals held that the City was immune under the Governmental Tort Liability Act ("GTLA") but removed the immunity pursuant to the common law special duty exception to the public duty doctrine. The issues with which we are now confronted are whether: (1) the City animal shelter...

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