Collier v. Memphis Light, Gas & Water Division

CRAWFORD, Judge.

These consolidated cases are before the court on interlocutory appeal pursuant to T.R.A.P. 9. Both defendants, City of Memphis (the City) and Memphis Light, Gas and Water Division (MLG & W), have appealed and several questions concerning municipal liability under the Tennessee Governmental Tort Liability Act, Tenn. Code Ann. § 29-20-101 et seq. (1980), and the common law doctrine of nuisance have been certified to the court for determination.

I

On a rainy August 8, 1978, Gladys Collier’s three minor children, Marvin Marvelle Collier, age 13, Terry Tyrone Collier, age 14, and…