Carroll v. Whitney

The majority departs from settled principles of law in holding that a jury may allocate fault to an immune nonparty. In SO doing, it refuses to apply and overrules the application in this case of the Tennessee Supreme Court’s unanimous decision just four years ago in Ridings v. Ralph M. Parsons Co., 914 S.W.2d 79 (Tenn.1996), that a jury may not allocate fault to an immune nonparty because the immune nonparty owes no duty to the plaintiff and therefore the plaintiff has no cause of action against the immune nonparty.

In my view, the Court of Appeals correctly applied Ridings in concluding that…