Phillip Lucas, et al . v. State of Tennessee; Michael E. Collins, et al. v. State of Tennessee

These consolidated cases present two separate factual situations involving alleged liability of the state under the Tennessee Claims Commission Act, Tennessee Code Annotated section 9-8-301, et seq., for dangerous conditions existing on two separate highways. In both cases the State asserted in defense discretionary function immunity. Because this defense is central to both cases, the Claims Commission consolidated the cases for consideration of the applicability of discretionary function immunity. In an en banc order, the Commission, construing Tennessee Code Annotated section 9-8-307(d) and cases based upon that section, overruled the State’s motions for summary judgment. We hold that under the plain and unambiguous provisions of Tennessee Code Annotated section 9-8-307(d) the State is not entitled to assert  discretionary function immunity in actions under the Tennessee Claims Commission Act and affirm the judgment of the Claims Commission.