Item: The Law Offices of John Day, P.C.
Rating: 5
Author: Jamar Gibson

The following section from Day on Torts Leading Cases in Tennessee Tort Law is out of date and should not be used.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.)

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Day on Torts: Leading Cases in Tennessee Tort Law

Chapter 40: Last Clear Chance Rule

§40.1 Generally

The Case: McIntyre v. Ballentine , 833 S.W.2d 52 (Tenn. 1992).

The Basic Facts: In this motor vehicle case the parties were found equally at fault before comparative fault was adopted and contributory negligence by the plaintiff was an absolute bar to recovery. This is the case that adopted modified comparative fault in Tennessee.

The Bottom Line:

"First, and most obviously, the [adoption of modified comparative negligence] makes the doctrines of remote contributory negligence and last clear chance obsolete. The circumstances formerly taken into account by those two doctrines will henceforth be addressed when assessing relative degrees of fault." 833 S.W.2d at 57.

Other Sources of Note: Eaton v. McLain , 891 S.W.2d 587, 592 (Tenn. 1994) (last clear chance included as a factor in fault allocation).

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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