City of Mason v. Banks

OPINION

PONES, Justice.

In a previous opinion, Banks v. City of Mason, 541 S.W.2d 143 (Tenn.1976), we held that T.C.A. § 6-640, which requires a municipal corporation to indemnify any employee of a police department against whom judgment is recovered for conduct, other than “wilful wrongdoing,” committed within the scope of his employment, was available to a judgment creditor of the employee by direct suit. Reversing the dismissal of the cause by the trial court, we remanded for a trial on the merits, allowing defendant, City of Mason, an opportunity to litigate its nonliability on the basis of…