Legal Opinion

Gary Wayne Andrews v. Joe N. Benson, James Carden Ralph Jarrell and Ernest Adcox, Jr.

Court of Appeals for the Eleventh Circuit

Decided April 21, 1988No. 86-7049PublishedCited by 2 opinions

1Opinion of the Court

ON SUA SPONTE RECONSIDERATION

BY THE COURT:

Affirming a judgment for plaintiff against co-employees at Tennessee Valley Authority for negligence causing plaintiff’s on-the-job injury, a panel of the Court followed the prior law of this Circuit and held the doctrine of official immunity exempts a Government employee from liability for common law torts only if the challenged conduct is within the outer perimeter of the employee’s line of duty and is a discretionary act. Andrews v. Benson, 809 F.2d 1537 (11th Cir.1985).

The case was ordered to be reheard in banc on May 11, 1987 to consider whether…

2Cases cited7 opinions

  1. Westfall v. ErwinSupreme Court of the United States · 1988
  2. Beverly Kay Johns v. Pettibone Corporation, Frank Van MeterCourt of Appeals for the Eleventh Circuit · 1985
  3. William T. Erwin, Sr., and Emely Erwin v. Rodney P. Westfall Osborn Rutledge William Bell, DefendantsCourt of Appeals for the Eleventh Circuit · 1986
  4. Steven Ray Franks, Pamela S. Franks v. J.A. Bolden, Davis G. Nye, Paul Townsel, John Butler, Ernie Ball, and Jerry CampbellCourt of Appeals for the Eleventh Circuit · 1985
  5. Gary Wayne Andrews v. Joe N. Benson, James Carden, Ralph Jarrell and Ernest Adcox Jr.Court of Appeals for the Eleventh Circuit · 1987

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3Cited by2 opinions

  1. Bobo v. AGCO Corp.District Court, N.D. Alabama · 2013
  2. Lower v. CookDistrict Court, M.D. Georgia · 1988

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