Tate v. Trialco Scrap, Inc.

MEMORANDUM

MORTON, Senior District Judge.

In this action, a lessor and its subrogated insurer seek damages from a tenant who negligently caused a fire which damaged the leased building. This court has jurisdiction based upon diversity of citizenship. The law to be applied is that of the State of Tennessee. Since there is no Tennessee law directly on point, this court’s duty is to predict what law the Tennessee Supreme Court would apply under the same circumstances. In making this prediction, the court must rely first of all upon what limited guidance is available in Tennessee case law. To the…