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Stewart v. State12/20/2000
to the care, custody, and control of that vehicle ended. When the vehicle later stalled in the middle of the road, the person to whom the car was released requested that the deputies, not Trooper Ray, assist her in moving the car. It is undisputed that the deputies did not seek permission from Ray in order to move the car, and no one testified that Ray gave any instructions to do so. When the deputies complied with this request, therefore, they alone assumed the duty of reasonable care with regard to the stalled car. Because Trooper Ray did not reassume control or custody of the Nova at any point after his proper and lawful release of the car, he cannot be said, as a matter of law, to owe a duty to others to exercise reasonable care, custody, or control of that car. Accordingly, we hold that the Claims Commission was also without jurisdiction to hear and adjudicate the plaintiff's claim under section 9-8-307(a)(1)(F).
ALLOCATION OF FAULT
Because we have concluded that the Claims Commission was without jurisdiction over the plaintiff's claims against the State, the issue of whether the plaintiff was fifty percent (50%) or more at fault for his accident has been rendered moot. Therefore, we reach no determination as to the propriety of the commissioner's findings in this regard.
CONCLUSION
In summary, we hold that the Tennessee Claims Commission in this case was without jurisdiction to award monetary claims against the State of Tennessee. Because we conclude as a matter of law that Trooper Ray neither possessed nor assumed a legal duty to control local police authorities at the arrest scene, we hold that the Court of Appeals erred in finding jurisdiction under Tennessee Code Annotated section 9-8- 307(a)(1)(E), which permits claims against the state for the " egligent care, custody, and control of persons." Moreover, while section 9-8-307(a)(1)(F) applies to claims for damage or loss to personal property, as well as to claims for personal injury caused by negligent control of personal property, the Court of Appeals erred in finding that the Claims Commission possessed jurisdiction under this section as well. Finally, as we have concluded that the Claims Commission was without jurisdiction over the plaintiff's claims, we decline to reach the issue of whether the plaintiff was more than fifty percent (50%) at fault for his accident. Accordingly, the judgment of the Court of Appeals finding that the Claims Commission properly exercised jurisdiction is reversed, and the plaintiff's claim against the State of Tennessee is dismissed.
Costs of this appeal are assessed to the plaintiff/appellee, Larry W. Stewart, for which execution shall issue if necessary.
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