§32.2 Definition of Gross Negligence

The Case: Gross v. Nashville Gas Co ., 608 S.W.2d 860 (Tenn. Ct. App. 1980).

The Basic Facts: Plaintiffs, telephone company workers, were injured when a fire broke out in a manhole. They alleged that defendant Nashville Gas Company had carelessly allowed gas to leak into the manhole.

The Bottom Line:

• "We find that, although the acts or omissions listed by appellants might well have constituted negligence, that they do not constitute gross negligence in that they do not evidence 'such entire want of care as would raise a presumption of conscious indifference to consequences,' or a 'heedless and reckless disregard for another's rights,' or 'utter unconcern for the safety of others.' Cole v. Woods, 548 S.W.2d 640, 641-642 (Tenn. 1977); Inter-City Trucking Co. v. Daniels, 181 Tenn. 126, 129-130, 178 S.W.2d 756, 757 (1944); Odum v. Haynes, 494 S.W.2d 795, 807 (Tenn. App. 1972); Fontaine v. Mason Dixon Freight Lines, 49 Tenn. App. 598, 357 S.W.2d 631, 634 (1961)…." 608 S.W.2d at 873.

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