Legal Opinion

Evelyn Nye v. Bayer Cropscience, Inc. - Concurring/Dissenting

Tennessee Supreme Court

Decided June 7, 2011No. E2008-01596-SC-R11-CVPublished

1Opinion of the Court

IN THE SUPREME COURT OF TENNESSEE AT KNOXVILLE September 2, 2010 Session EVELYN NYE v. BAYER CROPSCIENCE, INC. ET AL. Appeal by Permission from the Court of Appeals, Eastern Section Circuit Court for Hamilton County No. 06C760 W. Neil Thomas, III, Judge No. E2008-01596-SC-R11-CV - Filed June 7, 2011 J ANICE M. H OLDER, J., concurring in part and dissenting in part. I concur in the majority’s conclusion that the learned intermediary doctrine is not applicable to the facts of this case. I disagree, however, that Pittsburgh Corning Corporation (“Pittsburgh Corning”) and Owens Corning Corporation…

2Cases cited12 opinions

  1. McIntyre v. BalentineTennessee Supreme Court · 1992
  2. In re Owens CorningCourt of Appeals for the Third Circuit · 2005
  3. Wyatt v. A-Best, CompanyTennessee Supreme Court · 1995
  4. Cathey v. Johns-Manville Sales Corp.Court of Appeals for the Sixth Circuit · 1983
  5. Potts v. Celotex Corp.Tennessee Supreme Court · 1990

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