§15.10 Applicability to Breach of Implied Warranty Cases

The Case: Owens v. Truckstops of America v. B. Michael Design. Inc , 915 S.W.2d 420 (Tenn. 1996).

The Basic Facts: Plaintiff brought a negligence claim against a restaurant after a stool he was sitting in broke, causing him to fall. The restaurant then brought a third-party complaint against the manufacturer and seller of the stool for contribution and indemnity based on negligence, strict liability and implied warranty of merchantability.

The Bottom Line:

  • "The conclusion is that, on the charge of breach of implied warranty of merchantability, a plaintiff's claim for damages and the apportionment of those damages among tortfeasors in a comparative fault case, and among the first-party and third-party defendants in this case, will be determined according to the principles of comparative fault hereinabove discussed." 915 S.W.2d at 434.
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