Austin v. State

796 S.W.2d 449, 1990 Tenn. LEXIS 299
CourtTennessee Supreme Court
DecidedJuly 30, 1990
StatusPublished
Cited by5 cases

This text of 796 S.W.2d 449 (Austin v. State) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Austin v. State, 796 S.W.2d 449, 1990 Tenn. LEXIS 299 (Tenn. 1990).

Opinions

OPINION

FONES, Justice.

This claim against the State of Tennessee is for the wrongful death of William L. Austin, Jr. The trial judge granted plaintiff’s motion for summary judgment and awarded the maximum recovery against the State of $300,000. The Court of Appeals affirmed the trial court on the issue of jurisdiction, pursuant to T.C.A. § 9-8-307(a)(l)(I), but held that summary judgment on the issue of negligence was inappropriate and remanded for trial on the merits of that issue.

The underlying facts of this action are addressed in Austin v. City of Memphis, 684 S.W.2d 624, 626 (Tenn.Ct.App.1984).

On the night of March 16,1980, during a period of heavy rains, plaintiffs’ decedent was driving his automobile in a northerly direction on Perkins Street in [450]*450Memphis, Tennessee. He was in the process of traversing the four-lane concrete Perkins Street Bridge over Nonconnah Creek when a part of the bridge on the eastern-most, or upstream side, collapsed. His vehicle fell into the Noncon-nah Creek and his death resulted.

In 1981 plaintiffs, decedent’s parents, filed this claim against the State in the Tennessee Board of Claims. As the Court of Appeals noted, the claim asserts that “the State had a duty to inspect and maintain the Perkins Road Bridge, that it negligently failed to perform this duty, and that this negligence was a proximate cause of the bridge collapse and resulting death of plaintiff’s decedent.” In 1986 the action was transferred to the Tennessee Claims Commission by agreement of the parties, and in 1987 it was transferred to the Shelby County Chancery Court. Finally, the case was transferred to the Shelby County Circuit Court and consolidated with the case cited above against the City of Memphis and others. After plaintiffs were awarded judgment against the State in the trial court, they dismissed with prejudice their action against the City of Memphis and the other defendants.

The legislature has abrogated the State’s sovereign immunity to the extent that it has granted jurisdiction to the Tennessee Board of Claims. The grant of jurisdiction relevant to this case reads as follows:

The commission or each commissioner sitting individually shall have exclusive jurisdiction to determine all monetary claims against the state falling within one (1) or more of the following categories:
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(I) Negligence in planning and programming, inspection, design, construction, maintenance or approval of plans and construction of public highways and bridges if such activity is mandated or undertaken pursuant to state or federal law.

T.C.A. § 9-8-307(a)(l) (emphasis added). The State’s position in the courts below and here is that the Board of Claims had no jurisdiction over this claim because, the State’s involvement with the Perkins Road Bridge was not “mandated or undertaken pursuant to state or federal law.” The trial court and the Court of Appeals held that the State was required to maintain the bridge pursuant to federal law.

I.

We will first consider whether federal law mandated that the State inspect or maintain the Perkins Road Bridge, or whether the State did undertake the inspection or maintenance of that bridge.

The Federal Aid Highways Act, 23 U.S.C. § 101, et seq., established four systems: the Primary System, the Secondary System, the Urban System and the Interstate System. 23 U.S.C. § 103. It is undisputed that the Perkins Road Bridge was designated a part of the Secondary System in 1956 as route 8180 and redesignated as part of the Urban System in 1975 as route 2814.

Congress declared that the most important objective of the Act was to complete the Interstate System, but also added the following paragraphs with respect to the purpose of the other three federal-aid systems:

(b) It is hereby declared to be in the national interest to accelerate the construction of the Federal-aid highway systems, including the National System of Interstate and Defense Highways, since many of such highways, or portions thereof, are in fact inadequate to meet the needs of local and interstate commerce, for the national and civil defense.
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It is further declared that since the Interstate System is now in the final phase of completion it shall be the national policy that increased emphasis be placed on the construction and reconstruction of the other Federal-aid systems in accordance with the first paragraph of this subsection, in order to bring all of the Federal-aid systems up to standards and to increase the safety of these systems to the maximum extent.

23 U.S.C. § 101(b).

In 1970 Congress established the Highway Bridge Replacement and Rehabilita[451]*451tion Program, by an amendment to the Federal Aid Highways Act. 23 U.S.C. § 144. That amendment imposed specific duties upon the Secretary of Transportation and the States. Subsections (a), (b) and (d) of that amendment read as follows:

(a) Congress hereby finds and declares it to be in the vital interest of the Nation that a highway bridge replacement and rehabilitation program be established to enable the several States to replace or rehabilitate highway bridges over waterways, other topographical barriers, other highways, or railroads when the States and the Secretary finds [sic] that a bridge is significantly important and is unsafe because of structural deficiencies, physical deterioration, or functional obsolescence.
(b) The Secretary, in consultation with the States, shall (1) inventory all those highway bridges on any Federal-aid system which are bridges over waterways, other topographical barriers, other highways, and railroads; (2) classify them according to serviceability, safety, and essentiality for public use; (3) based on that classification, assign each a priority for replacement or rehabilitation; and (4) determine the cost of replacing each such bridge with a comparable facility or of rehabilitating such bridge.
(d) Whenever any State or States make application to the Secretary for assistance in replacing or rehabilitating a highway bridge which the priority system established under subsection (b) and (c) of this section shows to be eligible, the Secretary may approve Federal participation in replacing such bridge with a comparable facility or in rehabilitating such bridge. The Secretary shall determine the eligibility of highway bridges for replacement or rehabilitation for each State based upon the unsafe highway bridges in such State.

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Cite This Page — Counsel Stack

Bluebook (online)
796 S.W.2d 449, 1990 Tenn. LEXIS 299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/austin-v-state-tenn-1990.