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Thursday, September 11, 2008

New TN S. Ct. Case on the Element of Duty

Among the elements of negligence, duty is important. If no duty arises, there can be no breach of a duty, and thus, no negligence. The Tennessee Supreme Court discusses the element of duty in Satterfield v. Breeding Insulation Co., No. E2006-00903-SC-R11-CV (Tenn. Sept. 9, 2008). Justice Koch authored the majority opinion of the Court. Here's the link to that opinion:

Chief Justice Holder issued a separate concurring and dissenting opinion. She disagrees with the remainder of the Court on how foreseeability figures into their analysis. Here's the link to that opinion:

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