 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Doe v. Pedigo6/30/2003
instant case can be distinguished on the facts of the two cases. In J.W., it is arguable that the child went to the defendant's home so the defendant could counsel a troubled youth at that house as a part of the defendant's duties as a school resource officer. In the instant case, the plaintiff went to Dr. Pedigo's condominium to relax while the two of them awaited a possible call to duty for Dr. Pedigo. The former situation involved the defendant's official duties; the latter does not.
With respect to the language in the opinion in J.W. - "or takes advantage of such actual or purported capacity" - upon which the majority relies, this language must be read in the context of the facts of that case. Nat'l Life & Accident Ins. Co. v. Eddings, 188 Tenn. 512, 523, 221 S.W.2d 695, 699 (1949).
I would affirm the trial court's judgment in its entirety.
CHARLES D. SUSANO, JR., JUDGE
Page 1 2 3 4 5 6 7 8 9 Tennessee Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|