Ingle v. Sears, Roebuck & Co.

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

The plaintiff’s application to dismiss voluntarily her claim herein of simple negligence hereby is GRANTED, including her claim as to the defendant’s failure to exercise the reasonable care required under the provisions of Restatement of the Law (Second), Torts (2d), § 388.

The Court strikes also the plaintiff’s claim under the provisions of the rule in the Restatement of the Law (Second), Torts (2d), § 552D. Those provisions have not been adopted in Tennessee to apply to claims of personal injury or wrongful death. Cooper Painting & Coatings…