Personal Injury Law

Leading Tennessee Tort Cases - Comparative Fault - Applicability to Breach of Implied Warranty Cases

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 Cases in Tennessee Tort Law.  To order the book go here.

§ 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.

Full post as published by Day on Torts on August 13, 2010 (boomark / email).