Session September 7, 2017
from the Circuit Court for Trousdale County No. 2016-CV-4554
John D. Wootten, Jr., Judge
Thigpen sued the Trousdale County Highway Department and two
individuals, alleging damage to his home caused by roadway
resurfacing. The trial court dismissed the lawsuit,
concluding that the claims were barred by the Tennessee
Governmental Tort Liability Act ("GTLA"). We
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Alan Thigpen, Hartsville, Tennessee, pro se appellant.
Carl Spining, Nashville, Tennessee, for the appellees, Randy
Summers, Bill Scruggs, and the Trousdale County Highway
Neal McBrayer, J., delivered the opinion of the court, in
which Frank G. Clement, Jr., M.S., P.J., and Richard H.
Dinkins, J., joined.
NEAL MCBRAYER, JUDGE.
17, 2016, Mr. Thigpen filed his complaint with the Chancery
Court of Trousdale County, Tennessee. The complaint named as
defendants the Trousdale County Highway Department and two
individuals, Billy D. Scruggs and Randy Dean Summers. The
complaint described Messrs. Scruggs and Summers as
"workers" for the Highway Department.
Thigpen claimed that "[o]n June 17, 2013, Billy Scruggs
and Randy Summers, while resurfacing Front Street, caused
significant damages" to his home. Mr. Thigpen attributed
the damage to the Highway Department's use of a vibratory
drum compactor in close proximity to the home. The complaint,
which contained only eight numbered paragraphs, alleged as
1) On June 17, 2013, the Trousdale County Highway Department
and its workers, deployed the vibratory complaction [sic]
function of their CAT 534C, within 20" of the accusers
stacked stone and brick home.
2) This vibrational impact lasted for around ten (10)
3) Even for an instant, such a [sic] ultra-hazardous and
destructive event exceeds the state's blasting limits by