Clark v. Tennessee Valley Authority

MEMORANDUM OPINION

ACKER, District Judge.

The court has for consideration the motions for judgment on the pleadings and, in the alternative, for summary judgment, filed by defendants Tennessee Valley Authority (TVA) and Bear Creek Development Authority (BCDA).

The complaint of Steven Clark (Clark), as limited by the pre-trial order of December 20, 1984, charges TVA and BCDA with negligence and wanton misconduct in the maintenance, operation and supervision of the Cedar Creek dam and reservoir by defendants’ alleged failure to warn plaintiff of the safe distance for a boat to maintain in relation…