Thacker v. Tennessee Valley Authority

Plaintiff and his wife filed suit against TVA, alleging negligence involving a tragic accident on the Tennessee River where he was seriously injured when his boat passed through an area of the river that the TVA was attempting to raise a downed power line partially submerged in the river. The Eighth Circuit affirmed the district court's dismissal of the complaint based on lack of subject matter jurisdiction. The court held that the discretionary function exception applied to this case where plaintiff failed to point to a specific regulation that TVA allegedly transgressed and the conduct at issue involved public policy considerations. In this case, the challenged actions and decisions could require TVA to consider, among other things, its allocation of resources (such as personnel and time), public safety, cost concerns, benefits, and environmental impact. View "Thacker v. Tennessee Valley Authority" on Justia Law