Potter v. City of Chattanooga

OPINION

COOPER, Chief Justice.

Helen Marie Potter filed a tort action in the Circuit Court of Hamilton County against the City of Chattanooga. On motion of the City, the trial judge dismissed the complaint, as amended, holding in effect that the allegations of the complaint fell within the exceptions to municipal liability as set forth in T.C.A. § 23-3311. Mrs. Potter appealed, questioning the validity of the trial judge’s action.

In the complaint as originally filed, appellant charged that:

“5. At approximately 9:30 p. m., while complainant was sitting in her car, a police officer, an agent for…