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The following section from Day on Torts Leading Cases in Tennessee Tort Law is out of date and should not be used. It remains a part of this site for historical purposes only. An updated version of the book is available by subscription at www.birddoglaw.com. (Additional information below.)
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 www.west.thomson.com.
- §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
After an accident, many injury victims and their families want more information on the accident and their legal rights. Consequently, many of them have found their way to these pages. While we are happy you are here, please understand Day on Torts: Leading Cases in Tennessee Tort Law was written to be a quick, invaluable reference for Tennessee tort lawyers. While the book provides the leading case for more than 300 tort law subjects and thousands of related case citations, it is not a substitute for personalized legal advice from a qualified lawyer.
Rather than researching these legal issues alone, we urge you to contact one of our award-winning lawyers who can sit down with you, review your case, answer your questions and clearly explain your rights and your options in a no-cost, no-obligation consultation. Our experienced attorneys handle all personal injury and wrongful death cases on a contingency basis, so we only get paid if we win. If for any reason you are unable to come to our office, we will gladly come to you.
To schedule an appointment, contact us online or call us at 615-742-4880 or toll-free at 866.812.8787.
The foregoing is an excerpt from Day on Torts: Leading Cases in Tennessee Tort Law, published by John A. Day, Civil Trial Specialist, Fellow in the American College of Trial Lawyers, recipient of Best Lawyers in America recognition, Martindale-Hubbell AV® Preeminent™ rated attorney, and Top 100 Tennessee Mid-South Super Lawyers designee. Read John’s full bio here.
The book is now available electronically by subscription at www.birddoglaw.com. The new format allows us to keep the book current as new opinions are released. BirdDog Law also has John's Tennessee Law of Civil Trial and Compendium of Tennessee Tort Reform Statutes available by subscription, as well as multiple free resources to help Tennessee lawyers serve their clients
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