Tennessee Department of Mental Health & Mental Retardation v. Hughes

OPINION

HARBISON, Justice.

This case is before the Court upon interlocutory appeal by two state agencies or instrumentalities, seeking review of an order of the trial court which overruled their motion to dismiss.

The action was instituted as a common-law claim for damages. Appellee, plaintiff below, alleged that he was shot by one Johnnie Michael Duck, a named defendant below who is not involved in this appeal. The complaint alleged that Duck had either escaped from or had been released from the Central State Psychiatric Hospital, where he was being detained after having entered a guilty plea…