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Chapter 15: Comparative Fault

Author’s Note: As indicated earlier, this book does not purport to be a treatise on any aspect of tort law. Thomson - West publishes DAY, CAPPARELLA AND WOOD, TENNESSEE LAW OF COMPARATIVE FAULT (2d Ed. and 2008 Supp.). The third edition of the book was released in the fall of 2008. TENNESSEE LAW OF COMPARATIVE FAULT is a much more comprehensive collection of cases of the law of comparative fault and includes an analysis of many of the leading cases in the field. The book is available for purchase at

§15.1 Abolition of Joint and Several Liability as General Rule §15.2 Addition of Defendants After Expiration of Statute of Limitations (Tenn. Code Ann.§ 20-1-119) §15.3 Allocation of Fault to Defendant Dismissed Before Trial §15.4 Allocation of Fault to One Protected by Governmental Immunity §15.5 Allocation of Fault to One Protected by Statute of Repose §15.6 Allocation of Fault to One Whose Conduct Cannot Be the Legal Cause of an Injury §15.7 Allocation of Fault to a Product §15.8 Allocation of Fault to an Unknown Party Generally §15.9 Allocation of Fault to an Unknown Party in a Motor Vehicle Case §15.10 Applicability to Breach of Implied Warranty Cases §15.11 Applicability to Fraud §15.12 Applicability to Nuisance §15.13 Bifurcated Fault Allocations §15.14 Duty of Defendant to Allege Causative Acts or Omissions of Another §15.15 Effect of Concerted Action §15.16 Effect of Co-Tortfeasor Committing Intentional Wrong §15.17 Effect of Injured Plaintiff’s Fault on Recoverability in Loss of Consortium Claimant’s Action §15.18 Effect on Tenn. Code Ann.§ 56-7-1201(UM Claim) §15.19 Factors Considered in Fault Allocations §15.20 Fault of Plaintiff’s Employer or Co-Employee §15.21 Fifty Percent Rule §15.22 Financial Impact of Settlement With One of Multiple Tortfeasors §15.24 Modification by Trial Judge of Fault Percentages Assigned by Jury §15.25 Negligent Entrustment §15.26 Several Liability as a General Rule §15.27 Strict Liability Cases §15.28 Tortfeasors in a Single Event May be Tried Separately §15.29 Vicarious Liability After Comparative Fault
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