Coln v. City of Savannah

OPINION

ANDERSON, Chief Justice.

We granted permission to appeal in two premises liability cases to determine a common question to both — whether and to what extent the traditional open and obvious rule eliminating a landowner’s duty to one injured as a result of an open and obvious danger continues to be viable after the adoption of comparative fault in McIntyre v. Balentine, 833 S.W.2d 52 (Tenn.1992).1

In the first premises liability case, Coin v. City of Savannah, the trial judge implicitly found a landowner duty and, applying comparative fault principles, found that the in*37jured plaintiff,…