Legal Opinion

Banks v. Elks Club Pride of Tennessee 1102

Tennessee Supreme Court

Decided January 13, 2010No. M2008-01894-SC-S09-CVPublishedCited by 23 opinions

1Opinion of the Court

OPINION

WILLIAM C. KOCH, JR., J.,

delivered the opinion of the court,

in which JANICE M. HOLDER, C.J., CORNELIA A. CLARK, GARY R. WADE, and SHARON G. LEE, JJ., joined.

This appeal involves the continuing viability in Tennessee of the common-law principle that imputes liability to an original tortfeasor for enhanced physical harm caused by the normal efforts of third persons to render aid which an injured party reasonably requires. A guest at a private club was injured on the club’s premises. The injuries to the guest’s back were compounded first by the conduct of her surgeon and second by the…

2Cases cited40 opinions

  1. McIntyre v. BalentineTennessee Supreme Court · 1992
  2. McClenahan v. CooleyTennessee Supreme Court · 1991
  3. White Ex Rel. Estate of White v. LawrenceTennessee Supreme Court · 1998
  4. Doe v. Linder Const. Co., Inc.Tennessee Supreme Court · 1992
  5. Mercer v. Vanderbilt University, Inc.Tennessee Supreme Court · 2004

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

3Cited by23 opinions

  1. Larry Sneed v. The City of Red Bank, TennesseeTennessee Supreme Court · 2014
  2. Edward Martin v. Gregory PowersTennessee Supreme Court · 2016
  3. David G. Young v. City of LafolletteTennessee Supreme Court · 2015
  4. Teresa Lynn Stanfield v. John Neblett, Jr., M.D.Court of Appeals of Tennessee · 2010
  5. Judith Moore-Pennoyer v. State of TennesseeTennessee Supreme Court · 2017

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

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