The Tennessee Court of Appeals issued an opinion yesterday in Small ex rel. Small v. Shelby County Schools, No. W2007-00045-COA-R3-CV (Tenn. Ct. App. Feb. 12, 2008). In Small, the Court of Appeals addressed the issues of sovereign immunity, the need for expert witness disclosure, comparative fault, and discretionary costs. Id., slip op., at 11-23.
Here's the link to the opinion:
Here's the link to the opinion:
I'm not sure, however, that Small, as it relates to comparative fault, can be reconciled with George v. Alexander, 931 S.W.2d 517 (Tenn. 1996) and Rule 8.03 of the Tennessee Rules of Civil Procedure. I want to do some more research on this matter; but for informational purposes, I thought I'd bring it to your attention at this time.
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