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Curtis v. Nash9/20/2000
, real, personal or mixed, belonging to such municipal corporation, county, township, village, school district or department of this state or persons or religious organizations.
37-10-102. Limitation on amount of recovery.--The recovery shall be limited to the actual damages in an amount not to exceed ten thousand dollars ($10,000) in addition to taxable court costs.
37-10-103. Circumstances under which parent or guardian liable.--
(a) A parent or guardian shall be liable for the tortious activities of a minor child that cause injuries to persons or property where the parent or guardian knows, or should know, of the child's tendency to commit wrongful acts which can be expected to cause injury to persons or property and where the parent or guardian has an opportunity to control the child but fails to exercise reasonable means to restrain the tortious conduct.
(b) A parent or guardian shall be presumed to know of a child's tendency to commit wrongful acts, if the child has previously been charged and found responsible for such actions.
The parents' affidavits establish, in each case, that they did not"know[ ]" and had no reason to know of their child's "tendency to commit wrongful acts which can be expected to cause injury to persons or property." See T.C.A. 37-10-103(a). These affidavits triggered the Appellant's obligation to bring forth facts to show that there are genuine issues of material fact as to the parents' T.C.A. 37-10-103(a) defense. Since they failed to do so, summary judgment is appropriate. The affidavits, uncontroverted, make out a defense to the Appellant's cause of action.
Based on the foregoing, we believe that there are no genuine issues of material fact which must be determined by trial. The judgment of the Trial Court is affirmed, and the cause is remanded for such further proceedings as may be necessary consistent with this opinion. Costs of appeal are adjudged against Edward F. Curtis and his surety.
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