Legal Opinion

Pemberton v. American Distilled Spirits Co.

Tennessee Supreme Court

Decided February 13, 1984PublishedCited by 83 opinions

1Opinion of the Court

OPINION

COOPER, Justice.

Charles Edward Pemberton, Jr., individually and as administrator of the estate of his minor son, Charles Edward Pemberton, III, filed an action against the retailer, the wholesaler, and the manufacturer of Ever-clear Grain Alcohol, seeking damages for the death of his son from the ingestion of the alcohol. The defendants filed motions to dismiss testing the sufficiency of the complaint, which were sustained by the trial court. A divided Court of Appeals reversed the trial court, holding (1) that the charges against the manufacturer were sufficient to support a cause of…

2Cases cited14 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Cornpropst v. SloanTennessee Supreme Court · 1975
  3. Motlow v. StateTennessee Supreme Court · 1911
  4. Fuerst v. Methodist Hospital SouthTennessee Supreme Court · 1978
  5. Marguerite Jamieson v. Woodward & LothropCourt of Appeals for the D.C. Circuit · 1957

9 more not listed; retrieve them via the Exa API.

3Cited by83 opinions

  1. Webb v. Nashville Area Habitat for Humanity, Inc.Tennessee Supreme Court · 2011
  2. Dobbs v. GuentherCourt of Appeals of Tennessee · 1992
  3. Kaylor v. BradleyCourt of Appeals of Tennessee · 1995
  4. Curtis v. Universal Match Corp.District Court, E.D. Tennessee · 1991
  5. Sarah Speed v. Wyeth Pharmaceuticals, Inc.Court of Appeals for the Sixth Circuit · 2013

78 more not listed; retrieve them via the Exa API.

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