§11.20 Fifty Percent Rule
Westervelt v. State of Tennessee, 2007 WL 1159345 (Tenn. Ct. App. Apr. 17, 2007).
Court's Summary:
"Claimant sought to recover for injuries allegedly caused by an agency of the State. The Claims Commission found claimant to be 65% at fault. Therefore, under the rule of comparative fault adopted in McIntyre v. Ballentine, Claimant was precluded from an award of damages. Claimant asks this Court to affirm in order that he may proceed with the appellate process. We affirm." View opinion.
Court's Summary:
"Claimant sought to recover for injuries allegedly caused by an agency of the State. The Claims Commission found claimant to be 65% at fault. Therefore, under the rule of comparative fault adopted in McIntyre v. Ballentine, Claimant was precluded from an award of damages. Claimant asks this Court to affirm in order that he may proceed with the appellate process. We affirm." View opinion.