Tennessee § 29-20-313 - Claim of immunity by employee — Multiple defendants.

§ 29-20-313. Claim of immunity by employee — Multiple defendants.

When one (1) or more defendants to a lawsuit claim to be employees of a governmental entity as defined by § 29-20-107 and are therefore entitled to the governmental immunity granted by this chapter, it shall be a question of fact whether the defendant or defendants claiming immunity are such employees. If the trier of fact determines that the defendant claiming immunity is not a governmental entity employee, the lawsuit as to that defendant shall proceed like any other civil case. If the trier of fact determines that the defendant claiming immunity is a governmental entity employee, the lawsuit as to that defendant shall proceed in accordance with this chapter. When suit is brought in circuit court in a case in which there are multiple defendants, one (1) or more of which are a governmental entity or entities or governmental entity employee or employees whose liability or lack thereof is to be determined based upon this chapter and one (1) or more of which are not such governmental entity or entities or governmental entity employee or employees, the case shall be heard and decided by a jury upon the demand of any party. Nothing in this section shall be construed to abridge the right of any party to a trial by jury otherwise granted by the state or federal constitution or any statute. Acts 1981, ch. 527, § 2; 1994, ch. 789, § 2. Compiler's Notes. Acts 1994, ch. 789, § 3 provided that the amendment to this section by that act shall apply only to actions arising on and after July 1, 1994. Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal Corporations, § 98; 24 Tenn. Juris., Trial, § 4. Cited: Murphy v. Schwartz, 739 S.W.2d 777, 1986 Tenn. App. LEXIS 3499 (Tenn. Ct. App. 1986); Swafford v. Chattanooga, 743 S.W.2d 174, 1987 Tenn. App. LEXIS 2867 (Tenn. Ct. App. 1987).