Cook v. Spinnaker's of Rivergate, Inc.

OPINION

REID, Chief Justice.

This case presents for review the decision of the Court of Appeals sustaining the defendants’ Rule 12.06(6) Tennessee Rules of Civil Procedure motion to dismiss the complaint for personal injuries, for failure to state a cause of action. This Court finds that the complaint states a cause of action.

Christy C. Cook, a minor 17 years of age, and her mother, Janice Uithoven, sued Spinnaker’s of Rivergate, Inc., et al. for injuries sustained by Cook when the automobile operated by her was involved in a single car accident near midnight on January 19, 1991. Shortly before…