Watts v. Robertson County

OPINION

CANTRELL, Judge.

The sole question in this appeal is whether Tenn.Code Ann. § 29-20-205(1) of the Tennessee Governmental Tort Liability Act1 gives the appellees immunity from liability for failure to install guard rails on a Robertson County bridge. The trial judge held that the failure to install guard rails was a discretionary decision rather than an operational one and granted summary judgment to the appellees. We reverse for the reasons stated below.

I

The appellants were involved in a car accident at the Peyton Creek bridge in Robertson County on December 25, 1989. At the time of the…