Court of Appeals of Tennessee June 8, 1992 (McClenahan v. Lawhorne)

FRANKS, Judge,

concurring.

Neither the Trial Court nor our Court could hold the complaint stated a cause of action in view of the Supreme Court cases of Nevill v. City of Tullahoma, 756 S.W.2d 226 (Tenn.1988), and Kennedy v. City of Spring City, 780 S.W.2d 164 (Tenn.1989). The facts of the Kennedy case are particularly analogous to the allegations in this case, but the facts are not paramount.