Helton v. Knox County, Tenn.

922 S.W.2d 877, 1996 Tenn. LEXIS 310
CourtTennessee Supreme Court
DecidedMay 13, 1996
StatusPublished
Cited by55 cases

This text of 922 S.W.2d 877 (Helton v. Knox County, Tenn.) 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
Helton v. Knox County, Tenn., 922 S.W.2d 877, 1996 Tenn. LEXIS 310 (Tenn. 1996).

Opinion

OPINION

BIRCH, Justice.

William T. Helton was killed when the vehicle he was driving went off the Coward Mill Bridge in Knox County. His widow brought suit under the Tennessee Governmental Tort Liability Act (GTLA), 1 on the theory that the county was liable for the death of her husband and damage to his automobile. She relied on Tenn.Code Ann. § 29-20-203, which removes governmental immunity “for any injury caused by a defective, unsafe, or dangerous condition of any street, alley, sidewalk or highway, owned and controlled by such governmental entity.” 2 She alleged that the bridge was unsafe because there were no guardrails on it. After a bench trial, the court found that the physical aspects of the roadway approaching the bridge and the bridge itself were not “defec *880 tive, unsafe, or dangerous” and dismissed the case.

The Court of Appeals, however, found that the absence of guardrails was a proximate cause of Helton’s death, reversed the trial court’s judgment, and remanded for a determination of damages.

We granted Knox County’s application for permission to appeal in order to address the following issues:

1. Whether the failure to install guardrails on Coward Mill Bridge rendered the bridge “defective, unsafe, or dangerous” and, if so, whether Knox County had actual or constructive notice of such condition for purposes of removing Knox County’s immunity under § 29-20-203 of the GTLA; and
2. Whether under the “negligent act or omission” provision of § 29-20-205 of the GTLA the decision not to install guardrails on Coward Mill Bridge was a “discretionary function” such as would preserve Knox County’s governmental immunity. 3

After a thorough review of the record and a careful consideration of the arguments, we conclude that the bridge was not “defective, unsafe, or dangerous.” Accordingly, governmental immunity is not waived under Tenn. Code Ann. § 29-20-203. Inasmuch as the installation of guardrails on a county roadway is a discretionary function that involves the weighing of public policy considerations, governmental immunity is preserved under Tenn.Code Ann. § 29-20-205(1) as well. The decision of the Court of Appeals is reversed; the trial court’s order dismissing the case is reinstated.

I

Coward Mill Bridge is a one-lane, single-span, stone-arch bridge built in 1895. The bridge is located in a hilly, sparsely inhabited area of Knox County on Coward Mill Road and is little used. The bridge lies at the bottom of a steep grade. Approaching the bridge from the east, the driver first must cross a railroad track located approximately five hundred feet from the bridge. The driver then must proceed downhill into a ninety-degree right curve. Randall Cox, Ph.D., a registered professional engineer whose specialty is mechanical engineering, testified that the maximum speed at which a driver could negotiate that first curve was less than thirty miles per hour. After passing through this first curve, one must travel seventy to eighty yards into a ninety-degree left curve. Cox testified that the maximum speed with which a driver could successfully negotiate the second curve was approximately twenty-two miles per hour. Upon completing this second curve, a driver immediately enters onto the bridge.

On the date of the accident, a sign reading “Warning—One Lane Bridge Ahead” was posted on the right-hand side of the roadway near the railroad tracks that cross Coward Mill Road. There were paddle boards—long narrow boards containing black and yellow hash marks—located on each side of the roadway at the ends of the bridge. These paddle boards become visible as soon as a driver exits the first curve and heads toward the second. Knox County traffic sign supervisor Henry Loy testified that the one-lane bridge sign and paddle boards were in full compliance with the recommendations of the Uniform Manual for Traffic Control Devices.

The surfaces of the bridge and roadway are asphalt. Fog lines define the edge of the road painted with reflective paint. The bridge does not have standard guardrails. *881 Instead, heavy stones line its edge. Each stone is about fifteen inches long, six to eight inches high, and weighs approximately a ton. They are not bonded to the bridge or to each other.

Elvin Moore, a district foreman for the Knox County Highway Department, testified that he used the bridge once or twice weekly. He had driven across it in good weather and bad. He stated that he had never had trouble negotiating the bridge. Furthermore, he had crossed the bridge two to three weeks prior to the accident and did not observe any deficiencies in either the roadway or the bridge at that time. Moore had examined the Knox County Highway Department complaint file for complaints about the bridge and found none; he did not recall ever having seen such a complaint. Moore had never received a report of an accident on the bridge prior to September 3, 1988, the date of Helton’s accident.

Knox County had, however, been advised by inspectors of the Tennessee Department of Transportation that the lack of safety features on the bridge was “a serious deficiency.” On August 6, 1985, the inspectors advised county officials to install approved approach rails. In January 1987, the inspectors recommended that both bridge rails and approach guardrails be installed. In January 1988, the inspectors renewed their recommendation that the county install approved bridge rails and approach guardrails. Because of costs 4 and concern for the preservation of this historic bridge, Knox County decided not to follow the inspectors’ recommendations.

The accident occurred during the mid-af-temoon on September 3, 1988. The road was slick from a heavy rain. No one witnessed the accident. Officer Charles Lassi-ter, Knox County Sheriffs Department, was the first person on the scene. He found Helton’s car upside-down in Beaver Creek about six to ten feet from the right-hand edge of the bridge. One of the large curb stones on the right-hand side of the bridge was missing. A stone that had been contiguous to it was precariously balanced on the right edge of the bridge. The space which had been occupied by the missing stone was twenty feet from the end of the bridge where Helton had entered. No skid marks or debris were visible on the roadway or bridge surface. Cox concluded that Helton had lost control of his vehicle and crashed through the stone curb. Cox stated he had considered the total weight of Helton and his car (approximately 3300 pounds) and the weight of the stone (1820 pounds) to calculate the force necessary to move the stone. He concluded that a vehicle traveling at a speed of six miles per hour could have moved the stone two feet laterally.

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Bluebook (online)
922 S.W.2d 877, 1996 Tenn. LEXIS 310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/helton-v-knox-county-tenn-tenn-1996.