TVA Immunity in Electrocution Suit to Get Supreme Court Review

Sept. 27, 2018, 6:16 PM

Whether the Tennessee Valley Authority can be sued over the death of one man and injuries to another while raising a downed power line from the Tennessee River will get Supreme Court review.

The court said Sept. 27 it would review a decision of the U.S. Court of Appeals for the Eleventh Circuit finding the TVA immune from suit under the federal “discretionary function exception.” That bars a claim based on an agency’s exercise or performance of an act involving personal judgment.

The petitioners argue that the discretionary function exception, does not apply to “sue and be sued entities.”


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