Tennessee Supreme Court
Harry Douglas McIntyre, Plaintiff-Appellant v. Clifford Balentine and East-West Motor Freight, Inc…
May 4, 19921992 Tenn. LEXIS 336
Summary
The Tennessee Supreme Court granted permission to appeal to decide whether to replace contributory negligence with comparative fault and whether the criminal presumption of intoxication is admissible in a civil case. The court abolished the all-or-nothing contributory negligence bar and adopted modified comparative fault (the '49 percent rule'), under which a plaintiff may recover so long as his negligence is less than the defendant's, with damages reduced in proportion to his share of fault. It further held that the criminal presumption of intoxication created by T.C.A. § 55-10-408(b) is admissible evidence in a civil case and that penal-statute violations are negligence per se subject to a proximate-cause limitation. Because the jury apportioned fault equally without proper instructions, the Court of Appeals judgment was reversed in part, affirmed in part, and the case remanded for a new trial.
Holding
- Whether to replace contributory negligence with comparative fault in Tennessee.. Tennessee abandons the contributory negligence bar and adopts modified comparative fault (the '49 percent rule'): so long as a plaintiff's negligence remains less than the defendant's negligence the plaintiff may recover, and the plaintiff's damages are reduced in proportion to the percentage of the total negligence attributable to the plaintiff.
- Whether the trial court impermissibly instructed the jury on the presumption of intoxication created by T.C.A. § 55-10-408(b).. No error: the criminal presumption of intoxication established by T.C.A. § 55-10-408(b) is admissible evidence in a civil case, and a trial court may instruct the jury on it; violation of a penal statute is negligence per se admissible in a civil action, but the jury may not base its verdict on per se negligence unless it affirmatively appears that the statutory violation proximately caused the injury.
Cited authorities
- R. 1411
- Okla. Stat. Ann. tit. 23, § 14
- Idaho Code § 6-801
- N.D. Cent. Code § 32-03.2-01
- N.D. Cent. Code § 32-03.2-02
- 45 U.S.C. § 53
- 41 Tenn. L. Rev. 423
- 35 Stat. 66
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