Billy Canipe v. National Loss Control Service Corporation

WISDOM, Circuit Judge:

This diversity action involves the applicability of the principles of section 324A of the American Law Institute’s Restatement (Second) of Torts (1965) to a tort case subject to Tennessee law. Section 324A deals with the liability of an actor, rendering services to one person, for failure to exercise reasonable care to protect a third person.

Billy Canipe sues to recover for a severe personal injury that he sustained at work. The defendant, National Loss Control Service Corporation (National Loss), had contracted with the plaintiff’s employer (Kraft, Inc.) to provide…