Personal Injury Law

Tennessee's Leading Tort Cases - Amusement Parks - Liability for Punitive Damages

By John Day

This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  The book will be available about May 1, 2010.  To order the book go here.

§ 3.2       Liability for Punitive Damages

The Case: Loope v. Goodings Million Dollar Midways, Inc., 553 S.W. 2d 573 (Tenn. 1977).

The Basic Facts: Female Plaintiff received an electrical shock while attempting to board a midway ride at the Knox County Fair. Defendant appealed a jury verdict in favor of Plaintiff and her husband. 

The Bottom Line: 

• '[C]onduct by one charged only with ordinary care might amount to simple negligence, but when done by a person charged with a higher degree of care, such as a common carrier or a supplier of electricity, that same conduct could amount to gross negligence or to willful and wanton conduct justifying an award of punitive damages.' 553 S.W. 2d at 575.

Other Sources of Note: The law of punitive damages is discussed in Chapter 64 of Day on Torts: Leading Cases in Tennessee Tort Law.

Full post as published by Day on Torts on April 07, 2010 (boomark / email).