Samuel Timothy Collins v. Knox County, Tennessee, - Concurring

• Court: Court of Appeals of Tennessee
• Decided: February 25, 2004
• Docket: E2003-01421-COA-R3-CV
• Status: Published

Opinion

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE December 4, 2003 Session

SAMUEL TIMOTHY COLLINS v. KNOX COUNTY, TENNESSEE, ET AL.

Appeal from the Circuit Court for Knox County No. 03-90-01 Wheeler A. Rosenbalm, Judge

FILED FEBRUARY 25, 2004

No. E2003-01421-COA-R3-CV

CHARLES D. SUSANO , JR., concurring.

I concur in the result reached by the majority. I do so because I believe the record before us reflects undisputed material facts that negate an essential element of the plaintiff’s cause of action, i.e., the element of “proximate causation” of the appellant’s damages. I do agree with the appellant that there remains a genuine issue of material fact for the trier of fact as to the element of “cause in fact.” I believe a jury could reasonably find that there is a “cause and effect relationship between the defendant’s tortious conduct and the plaintiff’s injury or loss.” White v. Lawrence, 975 S.W. 2d 525, 529 (Tenn. 1998). As the Supreme Court has pointed out, “cause in fact” addresses the “‘but for’ consequences of an act.” Id. However, in my judgment, the conduct of the Sheriff’s Office, once the deputies arrived at the bank and thereafter took the appellant into custody, conclusively militates against a finding of proximate causation tying the bank’s conduct to the appellant’s damages.

_______________________________ CHARLES D. SUSANO, JR., JUDGE