NASHVILLE, Aug. 5 (UPI) -- An attorney for Nashville's Metro Public Works says the city should not have to pay damages for injuries suffered as the result of an employee prank.
Attorney Kevin Klein, who is representing Metro in its lawsuit appeal, alleges since suit plaintiff Dalton Hughes was injured as the result of a practical joke by Metro employee Frank Archey, the city should not be held liable, The (Nashville) Tennessean said Wednesday.
"Given the impact (of the joke) and knowing that he intended it, is that within the scope of his employment?" Klein said during a Tennessee Court of Appeals hearing Tuesday.
Archey reportedly attempted to scare Hughes, a friend, by revving the engine of his front loader at a Metro garage years ago. The prank prompted Hughes to fall and suffer multiple injuries.
The presiding judge in an ensuing 2004 lawsuit case found negligence on the part of the city in the accident and the case ultimately cost the city $250,000.
The Tennessean said the state Court of Appeals is expected to announce its decision on the city's appeal within months.