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Wednesday, June 22, 2011

New Opinion on Comparative Fault

The Court of Appeals issued its opinion in Bellsouth Tel., Inc. v. Young, No. W2010-01825-COA-R3-CV (Tenn. Ct. App. Jun. 21, 2011). The opinion discusses unknown tortfeasors in the context of a motor-vehicle collision. Here's the summary from the opinion:

Plaintiff sued Defendants for damages arising from a motor vehicle accident. The trial court struck, from Defendants’ answers, allegations regarding the comparative fault of an unidentified nonparty. However, the trial court allowed references to such nonparty at trial, and the jury assigned no fault to Defendants. Finding no error in the trial court’s allowance, we affirm the judgment of the trial court.

Here's a link to the opinion:

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