Perez v. McConkey

OPINION

ANDERSON, Justice.

In this appeal, we are asked to decide whether and to what extent the common-law doctrine of assumption of risk retains its vitality in view of our recent decision in McIntyre v. Balentine, 833 S.W.2d 52 (Tenn.1992). There, we held that contributory negligence no longer serves as a complete bar to a plaintiffs recovery, but is to be considered in apportioning damages according to the principles of modified comparative fault so long as the plaintiffs negligence remains less than the defendant’s negligence. For the reasons stated herein, we conclude that the doctrine of…