CLAIM FOR DAMAGES

STATE OF TENNESSEE
DIVISION OF CLAIMS ADMINISTRATION
502 DEADERICK STREET
NASHVILLE, TENNESSEE 37243-0202
(615)741-2734 (PHONE)
(615)532-4979 (FAX)

IMPORTANT: All questions should be answered as completely as possible. Attach two (2)
estimates of damages to this form. A copy of the investigating police officer’s report should be
included for any incidents involving motor vehicles.

Name: Curtis and Hannah Pierce, individually and next of kin to Steven Pierce, deceased.
Address:
City: _______________________________ State:
Home Phone ( ) Work Phone ( 615 ) 742-1775 (atty)
Are you an employee of the State? No

DESCRIPTION OF INCIDENT
Date of Occurrence: 6.9.2019 Time: approx. 5:00 p.m. A.M. ✔ P.M.
Location: Cummins Falls State Park What State Agency? TDEC
In what county did this incident occur? Jackson
Describe the incident (use additional pages if necessary):
Please see attached letter to TDEC's General Counsel.

Describe the damages incurred: Steven Pierce was tragically killed during a flash flood at
Cummins Falls State Park. He was ripped from his father's arms. His mother was in the park at
the time. There are thus three claimants for the full statutory cap of $300,000.

Total amount of damages requested: $ 900,000

Witness(es) to the incident:

Phone Number (
Name: Phone Number ( )
Name: Phone Number ( )
State Official Notified: State park rangers were present at the time.
Title: Phone Number ( )

I certify that all the statements contained herein and on any attachments hereto are true and that
the injuries and/or damages reported were actually incurred. I also acknowledge that it is a
misdemeanor to file a false claim with the Division of Claims Administration.

attorney 6.28.19
Claimant’s Signature Date

TR-0236 (Rev. 2-08)

 LAW OFFICES

DAVID RANDOLPH SMITH & ASSOCIATES

1913 21ST AVENUE SOUTH • NASHVILLE, TN .37212

PHONE: 615-742-1775 • FAX: 615-742-1223

June 19, 2019

VIA EMAIL

Jenny Howard
Office of General Counsel
TDEC
Jenny.Howard@tn.gov

Re: Curtis & Hannah Pierce, individually and as next of kin to

Steven Pierce v. State of Tennessee [Potential Litigation]

Dear Ms. Howard:

Please be advised that our office represents the Pierce family

regarding the tragic death of their son, Steven, at Cummins Falls State
Park, during a flash flooding episode on June 9, 2019.
June 19, 2019
Page 2

The facts we have gathered so far establish that the State faces
significant liability concerning these events based on the State’s
negligence and gross negligence. The State has waived immunity for
these claims pursuant to Tennessee Code Annotated § 9-8-307(a)(1)(c)
(“Negligently created or maintained dangerous conditions on state
controlled real property.”)

The State’s negligence and gross negligence in this case stem from:

• Opening the park on Sunday, when rain was in the forecast, after the
park had been closed for rain the previous two days;

• Keeping the park open despite receiving a call from the National
Weather Service at approximately 12:30 p.m. on Sunday that rain was
coming to the park area;

• Failing to install a stream gauge water measurement warning system

following the deaths of two people in 2017, despite the State’s public
statements that it would install such a system;

• Failing to provide life jackets or flotation devices at the scene of the

flash flooding (life jackets are available in the park, and Steven Pierce
was wearing one that day; but guests must return the life jackets
before they reach the scene where the flash flood occurred).

We send this correspondence in the hope of opening settlement

discussions with the State. Please let us know if that is something that
the State is amenable to. If not, we will proceed with a suit before the
Claims Commission.

Very truly yours,

DAVID RANDOLPH SMITH & ASSOCIATES

Christopher Smith