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This case addresses the liability of a municipality and its agents under the Governmental Tort Liability Act, as well as the liability of an underinsured motorist carrier. Ms. Erwin's parents filed a wrongful death action after their daughter was killed in a high-speed chase involving Deputy Mike Rose of Maury County. The court apportioned fault between Deputy Rose and Tracy Joe Lovell, limiting Maury County's liability to $130,000 and dismissing claims against Deputy Rose. The court affirmed the dismissal of the claim against the underinsured motorist carrier, Tennessee Farmers Mutual Insurance Co., finding that payments from other tort-feasors reduce the carrier's coverage. The appellate court affirmed the lower court's decisions on municipal and agent liability and the dismissal of the underinsured motorist claim, but reversed the award of prejudgment interest as it exceeded the statutory liability limit for the municipality. A petition to rehear was subsequently overruled.
Erwin v. Rose is a workers' compensation case decided in Court of Appeals of Tennessee. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Court of Appeals of Tennessee.
Full Decision Text1 Pages
This case addresses the liability of a municipality and its agents under the Governmental Tort Liability Act, as well as the liability of an underinsured motorist carrier. Ms. Erwin's parents filed a wrongful death action after their daughter was killed in a high-speed chase involving Deputy Mike Rose of Maury County. The court apportioned fault between Deputy Rose and Tracy Joe Lovell, limiting Maury County's liability to $130,000 and dismissing claims against Deputy Rose. The court affirmed the dismissal of the claim against the underinsured motorist carrier, Tennessee Farmers Mutual Insurance Co., finding that payments from other tort-feasors reduce the carrier's coverage. The appellate court affirmed the lower court's decisions on municipal and agent liability and the dismissal of the underinsured motorist claim, but reversed the award of prejudgment interest as it exceeded the statutory liability limit for the municipality. A petition to rehear was subsequently overruled.
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