Legal Opinion

Davis v. Yearwood

Court of Appeals of Tennessee

Decided December 8, 1980PublishedCited by 5 opinions

1Opinion of the Court

OPINION

TODD, Presiding Judge.

The plaintiffs have been granted an extraordinary appeal to review the action of the Trial Judge in holding that the complaint fails to state a cause of action against 59 of a total of 102 defendants. The suit arises out of a tragic fire in the Maury County jail which was allegedly caused or aggravated by certain devices and materials in the jail.

The present appeal relates only to the recognition of the theory or doctrine of “enterprise” or “industry wide” liability, that is liability of defendants because they are engaged in a particular enterprise or industry…

2Cases cited5 opinions

  1. Sindell v. Abbott LaboratoriesCalifornia Supreme Court · 1980
  2. Hall v. EI Du Pont De Nemours & Co., Inc.District Court, E.D. New York · 1972
  3. Abel v. Eli Lilly & CompanyMichigan Court of Appeals · 1979
  4. Trull v. Carolina-Virginia Well CompanySupreme Court of North Carolina · 1965
  5. Greene v. Union Optical Center, IncMichigan Court of Appeals · 1980

3Cited by5 opinions

  1. Cummins v. Firestone Tire & Rubber Co.Supreme Court of Pennsylvania · 1985
  2. University System of New Hampshire v. United States Gypsum Co.District Court, D. New Hampshire · 1991
  3. Farmer v. City of NewportCourt of Appeals of Kentucky · 1988
  4. Dillard Department Stores, Inc. v. Associated Merchandising Corp.Court of Appeals of Arizona · 1989
  5. Bailiff v. Manville Forest Products Corp.District Court, S.D. Mississippi · 1991

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