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11th Circuit revives fishermen’s negligence suit against Tennessee Valley Authority
['Kayla Goggin']
Courthouse News Service
Two fishermen suffered serious injuries in 2020 when they crashed into a duck blind they say was virtually invisible in the dark.
ATLANTA (CN) — Two Alabama fishermen who were seriously injured when their boat crashed into a hidden duck blind can pursue their negligence lawsuit against the Tennessee Valley Authority but not the federal government, an 11th Circuit panel unanimously decided Thursday.
The three-judge appellate panel ruled the Tennessee Valley Authority Act does not prevent fishermen Carter Gilliam and Schrade Jones from suing the Tennessee Valley Authority, a federally owned corporation.
Kidd determined the panel was bound by prior 11th Circuit decisions to agree, whether the current judges like it or not.
Circuit Judge Robin Rosenbaum, Kidd suggested the 11th Circuit should revisit the case in a hearing with all its active judges to consider “the continuing viability” of the Williamsdecision.