Dalton Reb Hughes and wife, Sandra Hines Hughes v. Metropolitan Government of Nashville and Davidson County, Tennessee
A Metro public works employee, Frank Archey, injured Dalton Reb Hughes, a Metro fire department employee, by negligently operating a front end loader. The incident, caused by a loud noise from the equipment, led Hughes to fall over a guardrail. Hughes sued Metro, which responded with a cross-claim against Archey and a counterclaim against Hughes for subrogation of payments. The trial court found Archey's actions negligent and within the scope of his employment, lifting Metro's immunity under the Governmental Tort Liability Act. It awarded Hughes $250,000, offset by $104,658.57 already paid by Metro. Metro appealed, arguing Archey acted intentionally and outside the scope of employment. The Court of Appeals affirmed the trial court's judgment, agreeing that Archey's conduct was negligent and that the tort of assault in Tennessee requires an intent to harm, which was not established in this case.