Michael Sutton vs. Larry Barnes

The plaintiffs, Cocke County homeowners, brought this action seeking compensation for damage caused to their home by blasting activity on their neighbors' property. In response to interrogatories, the company that did the blasting identified the Cocke County Highway Commission as the provider of the explosives. Thereafter, the plaintiffs filed an amended complaint, naming Cocke County and the Cocke County Highway Commission (collectively "the County") as additional party defendants. Upon the County's motion, the trial court dismissed the plaintiffs' complaint as to the County, holding that their action is time-barred. On appeal, the plaintiffs argue that the discovery rule applies to their action against the County, and, therefore, their claim is not time-barred. The County argues that even if the plaintiffs' action is not barred by the applicable statute of limitations, the plaintiffs have failed to state a claim upon which relief can be granted. We hold that the discovery rule applies to actions against governmental entities and that there is a genuine issue for trial as to when the plaintiffs' cause of action "ar[ose]." We further hold that the complaint adequately states a cause of action, but only as to the plaintiffs' claim of common-law negligence. Accordingly, the judgment of the trial court is affirmed in part and reversed in part.