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Wednesday, March 26, 2008

Comparative Fault in General Sessions Court in Tennessee

In a general sessions tort case, a defendant must notify the plaintiff and the clerk if he or she thinks that fault should be shared or that another is solely at fault. Tenn. Code. Ann. § 16-15-735. Here's a link to statute:

A defendant must also identify the allegedly at-fault party sufficiently so that a plaintiff may serve process on him or her. Brown v. Wal-Mart Discount Cities, 12 S.W.3d 785, 789 (Tenn. 2000).

How do you deal with a defendant's attempt to shift blame improperly (i.e., by not identifying the other at-fault party) in a general sessions court tort case? File a motion to strike and cite Brown.

Good luck.

1 comment:

Anonymous said...

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