The Tennessee Supreme Court was called upon to decide the constitutionality of the Tennessee statutory cap on non-economic damages in the case of Jodi McClay v.
The first step in a personal injury case caused by a federal agency is filing a claim with the entity itself.
State claims acts as opposed to tort claims acts are another kind of statute that limit immunity and establish a procedure for claims against the state.
§1-39-118 Notes Under a discretionary function exception, immunity still applies to essentially governmental functions that require the exercise of discretion or judgment, such as planning or policy level decisions.
City of Dyersburg, below, and subsequent cases on that question.
There, this Court held that a city is not liable to a citizen whose home is destroyed by fire through the negligence or inefficiency of the city's fire department because the duty to extinguish fires is a public one, not owed to any individual in particular.