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: http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/083/SatterfieldDopn.pdf.
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: http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/083/SatterfieldDissOpn.pdf
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: http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/083/SatterfieldDissOpn.pdf
No comments:
Post a Comment