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IN THE COURT OF APPEALS OF TENNESSEE FILED AT KNOXVILLE
March 31, 2000 Cecil Crowson, Jr. Appellate Court Clerk

WILLIAM A. HARVEY, Plaintiff/Appellee, v. LENOIR CITY UTILITIES BOARD, Defendant/Appellant

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LOUDON CIRCUIT Appeal No. E1999-00601-COA-R3-CV HON. RUSSELL SIMMONS, JR., JUDGE AFFIRMED

Billy J. Stokes, Knoxville, Tennessee, Attorney for Defendant/Appellant. Larry C. Vaughn, Knoxville, Tennessee, Attorney for Plaintiff/Appellee

OPINION
INMAN, Sr. J.

I
The pedestrian plaintiff was struck by a service truck owned by the defendant and operated by its employee in the course of his duties.1 The trial judge allocated 45% of fault to the plaintiff. The defendant appeals, insisting that the preponderance of the evidence requires a finding that the "plaintiff was more than 51% at fault"2 which, in turn, requires the dismissal of the complaint. The

The Governmental Tort Liability Act, T.C.A.

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