CORNELIA A. CLARK, J., delivered the opinion of the Court, in which SHARON G. LEE, C.J., and GARY R. WADE, JEFFREY S. BIVINS, and HOLLY KIRBY, JJ., joined.
We granted permission to appeal to address two issues: (1) Whether the Governmental Tort Liability Act ("GTLA"), Tenn. Code Ann. § 29-20-101 to -408 (2012 & Supp.2014), applies to Tennessee Public
The background facts surrounding the disagreement between the parties in this case are convoluted and difficult to decipher. We recite only those relevant to an understanding of the issues presented by this interlocutory appeal. The plaintiff, David Young ("Mr. Young"), was employed as the city administrator for the City of LaFollette ("the City") for four-and-a-half years, from 2005 to 2009. Throughout much of his tenure, he was involved in controversy and litigation with the City and other City employees.
On May 7, 2009, less than a week after Ms. White's grievance was received, Mr. Young filed suit in the Circuit Court for Campbell County against the City and other City officials.
Meanwhile, on August 4, 2009, following a City council meeting, Mr. Young was suspended from his duties as City administrator. On September 1, 2009, after an investigation into Ms. White's report of sexual harassment, the City terminated Mr. Young's employment.
By order entered August 11, 2011, the trial court granted the City's amended motion for summary judgment on all claims against the Defendants except the TPPA retaliatory discharge claim against the City.
After a December 10, 2012 hearing on Mr. Young's entitlement to a jury trial, the trial court entered an order on February 11, 2013, denying the City's motion to strike the jury demand. The trial court determined, as a matter of first impression, that Mr. Young was entitled to a jury trial on his TPPA claim but stated no legal basis for its decision. In the same order, however, the trial court granted the City permission to seek an interlocutory appeal on the jury-trial issue. See Tenn. R.App. P. 9.
The Court of Appeals granted the City's Rule 9 application on March 28, 2013, to address the following issue:
We granted Mr. Young's Tennessee Rule of Appellate Procedure 11 application for permission to appeal.
Unlike an appeal as of right under Tennessee Rule of Appellate Procedure 3, in which both the appellant and the appellee have broad latitude with regard to the issues that may be raised, "[w]hen dealing with an interlocutory appeal, the Court can and will deal only with those matters clearly embraced within the question certified to it." Tenn. Dep't of Mental Health & Mental Retardation v. Hughes, 531 S.W.2d 299, 300 (Tenn.1975); see also Banks v. Elks Club Pride of Tenn. 1102, 301 S.W.3d 214, 227 n. 16 (Tenn.2010) (declining to address an issue because it was "beyond the scope of the issue certified on the interlocutory appeal"); In re Bridgestone/Firestone, 286 S.W.3d 898, 902 (Tenn.Ct.App.2008) (citing Heatherly v. Merrimack Mut. Fire Ins. Co., 43 S.W.3d 911, 914 (Tenn.Ct.App.2000)) (recognizing that the scope of issues in interlocutory appeals is limited). The issue raised in this case encompasses two distinct questions, and in light of this Court's decision in Sneed v. City of Red Bank, 459 S.W.3d 17 (Tenn.2014), we directed the parties to submit supplemental briefing on the following two issues, which we will now address: (1) Whether the GTLA applies to a TPPA claim against a governmental entity; and (2) If the GTLA does not apply, does a plaintiff bringing a TPPA claim in circuit court have a right to trial by jury? See Young v. City of Lafollette, No. E2013-00441-SC-R11-CV (Tenn. Dec. 2, 2014) (order directing supplemental briefing).
The answers to these questions depend upon the construction of statutes. Statutory construction is a question of law that appellate courts review de novo without any presumption of correctness. In re Estate of Tanner, 295 S.W.3d 610, 613 (Tenn.2009); see also Carter v. Quality Outdoor Prods., Inc., 303 S.W.3d 265, 267 (Tenn.2010) (citing Perrin v. Gaylord Entm't Co., 120 S.W.3d 823, 826 (Tenn. 2003)).
Mr. Young contends that the Court of Appeals erred by holding that the procedural requirements of the GTLA apply to his TPPA claim and also asserts that this Court's decision in Sneed v. City of Red Bank is controlling. Conversely, the City asserts that Sneed is distinguishable from the instant case and that the Court of Appeals correctly held that Mr. Young is not entitled to a jury trial on his TPPA claim.
The doctrine of sovereign immunity, which provides that suit may not be brought against the government unless the government has consented to be sued, Lucius v. City of Memphis, 925 S.W.2d 522, 525 (Tenn.1996), originated in "feudal notions of the divine right of kings. In feudal England the King was at the very pinnacle of the power structure and was answerable to no court since the King can do no wrong,'" Cruse v. City of Columbia, 922 S.W.2d 492, 495 (Tenn.1996) (quoting Cooper v. Rutherford Cnty., 531 S.W.2d 783, 786 (Tenn.1975) (Henry, J., dissenting)). This common law doctrine is now embodied in the Tennessee Constitution, which provides that "[s]uits may be brought against the State in such manner
In 1973, the Legislature enacted the GTLA, which reaffirmed generally the grant of sovereign immunity provided at common law and in the Tennessee Constitution by stating that "all governmental entities shall be immune from suit for any injury which may result from the activities of such governmental entities wherein such governmental entities are engaged in the exercise and discharge of any of their functions, governmental or proprietary." Tenn.Code Ann. § 29-20-201(a). However, in addition to reaffirming the general grant of immunity, the GTLA also enumerates certain statutory exceptions where governmental immunity is specifically removed. Id. § 29-20-202(a) (immunity removed for injuries resulting from the negligent operation of a motor vehicle or other equipment by a governmental employee in the scope of employment); id. § 29-20-203(a) (immunity removed for injuries caused by a defective, unsafe, or dangerous condition on a public roadway or sidewalk); id. § 29-20-204(a) (immunity removed for injuries caused by dangerous or defective conditions associated with public structures or improvements); id. § 29-20-205 (immunity removed for injuries caused by the negligence of governmental employees with certain exceptions). Furthermore, the GTLA also lists specific types of claims for which immunity is not removed. Id. § 29-20-205(2) (immunity not removed for "[f]alse imprisonment ..., false arrest, malicious prosecution, intentional trespass, abuse of process, libel, slander, deceit, interference with contract rights, infliction of mental anguish, invasion of right of privacy, or civil rights"); Hughes v. Metro. Gov't of Nashville & Davidson Cnty., 340 S.W.3d 352, 369-70 (Tenn.2011) (discussing the manner in which section 29-20-205(2) applies); Limbaugh v. Coffee Med. Ctr., 59 S.W.3d 73, 84 (Tenn.2001) (same).
Claims against governmental entities where sovereign immunity is removed by the GTLA have other restrictions imposed on them as well. Such claims must be brought within twelve months of when the cause of action arises. Tenn.Code Ann. 29-20-305. Furthermore, "circuit courts shall have exclusive original jurisdiction over any action brought under [the GTLA] and shall hear and decide such suits without the intervention of a jury." Id. § 29-20-307.
When a cause of action asserted against a governmental entity is based upon a statute separate from the GTLA and the GTLA neither specifically removes immunity nor specifically reaffirms immunity for the cause of action, we must determine whether the cause of action is "brought under" and governed by the GTLA. In Sneed, we identified the considerations that are relevant to making this determination. Thus, we begin our analysis with Sneed.
The issues in Sneed were whether the GTLA governs Tennessee Human Rights Act ("THRA") claims against governmental entities, and if not, whether there is an independent right to a jury trial under the THRA in chancery court. See Sneed, 459 S.W.3d at 22. In determining that the GTLA does not govern THRA claims against governmental entities, we held that, while the GTLA is a comprehensive statutory scheme with respect to certain tort claims brought against governmental entities, "the GTLA does not control every single action against a governmental entity." Id. at 25 (citing Cruse, 922 S.W.2d at 496; Jenkins v. Loudon Cnty., 736 S.W.2d 603, 608 (Tenn.1987), abrogated on other grounds by Limbaugh, 59 S.W.3d at 81-83; J.S. Haren Co. v. City of Cleveland, No.
Using the analytical framework Sneed provided, we now turn to the first issue in this appeal: whether the GTLA applies to TPPA claims against governmental entities.
The common law tort of retaliatory discharge was recognized by this Court in Chism v. Mid-South Milling Co., 762 S.W.2d 552, 556-57 (Tenn.1988). See also Guy v. Mut. of Omaha Ins. Co., 79 S.W.3d 528, 534-35 (Tenn.2002) (tracing origins of common law tort of retaliatory discharge).
In 1990, a mere two years after Chism, the Legislature enacted the TPPA, which differs from the common law tort of retaliatory discharge by only providing protection for employees terminated "solely for refusing to participate in, or for refusing to remain silent about illegal activities." Act of March 29, 1990, ch. 771, 1990 Tenn. Pub. Acts 256 (emphasis added) (codified at Tenn.Code Ann. § 50-1-304(a) (Supp. 1990)); see also Haynes v. Formac Stables, Inc., 463 S.W.3d 34, 37 (Tenn.2015) ("The primary difference in the statutory version of the cause of action [for retaliatory discharge] is that it requires an employee to show that his or her refusal to remain silent was the sole reason for the discharge, whereas a common law claimant must show only that his or her refusal to remain silent was a substantial factor motivating the discharge.").
Early decisions addressing both common law and TPPA claims against governmental entities held that the GTLA had not removed governmental immunity for such claims. See, e.g., Ketron v. Chattanooga-Hamilton Cnty. Hosp. Auth., 919 F.Supp. 280, 283 (E.D.Tenn.1996) (finding governmental immunity for pre-1997 TPPA claim); Baines v. Wilson Cnty., 86 S.W.3d 575, 579 (Tenn.Ct.App.2002) (holding that
The TPPA provides that "[n]o employee shall be discharged or terminated solely for refusing to participate in, or for refusing to remain silent about, illegal activities." Tenn.Code Ann. § 50-1-304(b). It goes on to state that "[a]ny employee terminated in violation of subsection (b) shall have a cause of action against the employer for retaliatory discharge and any other damages to which the employee may be entitled." Id. § 50-1-304(d)(1) (emphasis added). Thus, the TPPA sets out certain prohibited conduct in section 50-1-304(b), creates in section -304(d)(1) a cause of action for those who have been subjected to this prohibited conduct, and finally defines, in section -304(a), the "[e]mployee[s]" who may bring this cause of action and the "[e]mployer[s]" against whom it may be brought. The TPPA also provides for recovery of attorney's fees
Moreover, the Legislature's 1997 amendment to the TPPA, made subsequent to early court decisions barring TPPA claims against governmental entities, further supports our conclusion that the TPPA is not subject to the procedural requirements of the GTLA. It is a fundamental tenet of statutory construction that this Court must presume that the Legislature knows the law and makes new laws accordingly. Lee Med., Inc. v. Beecher, 312 S.W.3d 515, 527 (Tenn.2010); Lavin v.
Having determined that the TPPA is an independent statutory scheme and not subject to the procedural requirements of the GTLA, we now turn to the second part of the inquiry: whether there is a constitutional or statutory right to a jury trial in circuit court for TPPA claims. Mr. Young alleges that he has a constitutional right to a jury trial on his TPPA claim and relies for this assertion upon article I, section 6 of the Tennessee Constitution. The City asserts that there is no constitutional right to trial by jury on TPPA claims and also that there is no statutory right to trial by jury in circuit court similar to the statutory right to trial by jury in chancery court. See Tenn.Code Ann. § 21-1-103.
The Tennessee Constitution provides "[t]hat the right of trial by jury shall remain inviolate, and no religious or political test shall ever be required as a qualification for jurors." Tenn. Const. art. I, § 6. Although this language is broad, article I, section 6 does not guarantee the right to a jury trial in every case. Helms v. Tenn. Dep't of Safety, 987 S.W.2d 545, 547 (Tenn.1999). Rather, it guarantees the right to "trial by jury as it existed at common law ... `under the laws and constitution of North Carolina at the time of the adoption of the Tennessee Constitution of 1796.'" Id. (quoting Patten v. State, 221 Tenn. 337, 426 S.W.2d 503, 506 (1968)). The constitutional guarantee of a jury does not apply to cases that could have been tried without a jury prior to 1796. Newport Hous. Auth. v. Ballard, 839 S.W.2d 86, 88 (Tenn.1992). "In the classic common law system of courts, matters inherently legal in nature were tried in the law courts by a jury while matters inherently equitable were tried by the Chancellor without a jury. Therefore, there is no constitutional right to a trial by jury in a matter inherently equitable." Smith Cnty. Educ. Ass'n v. Anderson, 676 S.W.2d 328, 336 (Tenn.1984) (emphasis added). Additionally, the constitutional right to trial by jury does not apply to statutory rights and remedies created after the adoption of the 1796 Constitution. Helms, 987 S.W.2d at 547. For such statutory rights and remedies, the Legislature is free either to dispense with the right of trial by jury, id. (citing Ballard, 839 S.W.2d at 88), or provide
The TPPA was enacted by the Tennessee Legislature in 1990, almost two hundred years after the adoption of the first Tennessee Constitution. See Tenn.Code Ann. 50-1-304 (Supp.1990). Furthermore, even the common law tort of retaliatory discharge was only recognized by Tennessee courts in the 1980's. See Chism, 762 S.W.2d at 556-57. Mr. Young has not cited, nor have we found, any authority supporting the assertion that retaliatory discharge in any form existed "`under the laws and constitution of North Carolina at the time of the adoption of the Tennessee Constitution of 1796.'" Helms, 987 S.W.2d at 547 (quoting Patten, 426 S.W.2d at 506). Quite simply, the TPPA is a statutory remedy created long after the 1796 Constitution, and thus, if parties asserting or defending against such claims are to enjoy the right to trial by jury, the onus is upon the Legislature to provide for the right specifically by statute.
The TPPA, similar to the THRA, neither explicitly provides for nor prohibits jury trials. See Tenn.Code Ann. §§ 4-21-101 (2011), 50-1-304 (2008 & Supp.2009); see also Sneed, 459 S.W.3d at 30 ("The THRA does not expressly grant the right to trial by jury."). In Sneed, we held that Tennessee Code Annotated section 21-1-103, a statute of general application, affords the right to jury trial in chancery court.
We recognize that the result of our analysis, which confirms a statutory right to jury trial for TPPA claims in chancery court but not in circuit court, may seem counterintuitive. However, creating new statutory rights and remedies that do not
Thus, we conclude that Mr. Young is not constitutionally entitled to a jury trial on his TPPA claim because his claim did not exist at common law. Mr. Young also has no statutory right to trial by jury in circuit court on his TPPA claim.
For the reasons stated herein, we hold that the GTLA does not govern Mr. Young's TPPA retaliatory discharge claim. We further hold that Mr. Young has no constitutional or statutory right to trial by jury on his TPPA claim in circuit court. Accordingly, for the separate reasons stated herein, the judgment of the Court of Appeals is affirmed, and the case is remanded to the trial court for proceedings consistent with this decision. Costs of this appeal are taxed to David Young, for which execution, if necessary, may issue.