The Tennessee Valley Authority can’t be sued for alleged negligence in connection with a boating accident, the U.S. Court of Appeals for the Eleventh Circuit ruled Aug. 22 (Thacker v. Tenn. Valley Auth., 2017 BL 293124, 11th Cir., No. 16-15105, 8/22/17).
The “discretionary-function exception” to liability applied to the federal agency here, the court said in an unsigned opinion.
Gary Thacker was seriously injured when his boat hit an electric conductor as TVA was lifting it out of the Tennessee River, the court said.
The TVA’s activity was discretionary because no federal law or regulation “sets forth a...