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Young v. Metropolitan Government of Nashville and Davidson County

2/6/2003

, or telephone number to the defendant prior to trial. In response to an interrogatory as to witnesses he proposed to call, Mr. Young had merely listed his witness as "M. Beech." The appellant admitted that he had seen his witness about a month before trial and had obtained a business card with the witness's full name and phone number, but he never supplemented his interrogatory response with that information, even though Rule 26.05(1), Rules of Civil Procedure, requires such supplementation when new information is available.


The appellant also complains that he should have been granted a jury trial. But a jury is not permitted in cases against a municipal government or other governmental subdivisions. See Tenn. Code Ann. ยง 29-30-307 of the Governmental Tort Liability Act.


After examining the record of this case and the briefs of the parties, we must conclude that Mr. Young has been given his day in court, and that he has failed to prove any set of facts that would entitle him to relief under any theory that he has suggested. We therefore affirm the trial court.


IV.


The order of the trial court is affirmed. The cause is remanded to the Circuit Court of Davidson County for further proceedings consistent with this opinion. Tax the costs on appeal to the appellant, Sylvester Young.




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