implied assumption of risk doctrine (Tennessee) · Go Syfert
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implied assumption of risk doctrine in Tennessee

10 Tennessee opinions name it 2 courts 1994–2026 2 in the last five years

The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Perez v. McConkeygreen
tenn · 1994 · cited in 9 Tennessee opinions naming this issue, 1994–2026
2 sentences

2026See Perez v. McConkey, 872 S.W.2d 897 , 900 & 906 (Tenn. 1994) (“Secondary implied assumption of risk applies when the - 12 - plaintiff, either reasonably or unreasonably, decides to encounter a known risk. . . . [W]e do not consider it necessary or desirable to retain the doctrine of secondary implied assumption of risk as a separate defense.

2021See Perez v. McConkey, 872 S.W.2d 897 , 900 & 906 (Tenn. 1994) (“Secondary implied assumption of risk applies when the plaintiff, either reasonably or unreasonably, decides to encounter a known risk. . . . . [W]e do not consider it necessary or desirable to retain the doctrine of secondary implied assumption of risk as a separate defense.

59
Meistrich v. Casino Arena Attractions, Inc.green
nj · 1959 · cited in 1 Tennessee opinions naming this issue, 1994–1994
2 sentences

1994See e.g. 2 Harper and James, Law of Torts, § 21.7, p. 1190 (1956); 4 Harper, James & Gray, The Law of Torts, § 21.0, at 187-90 (2d ed. 1986 and Supp. 1993) (hereinafter Harper, James & Gray, § - at -); Meistrich v. Casino Arena Attractions, Inc., 31 N.J. 44 , 155 A.2d 90, 96 (1959); 1 A, Best, Comparative Negligence Law and Practice § 4.20[l][b][ii] at 4-42 (1993) (hereinafter Best, § -, at —). 5 .

1994See e.g. 2 Harper and James, Law of Torts, § 21.7, p. 1190 (1956); 4 Harper, James & Gray, The Law of Torts, § 21.0, at 187-90 (2d ed. 1986 and Supp. 1993) (hereinafter Harper, James & Gray, § - at -); Meistrich v. Casino Arena Attractions, Inc., 31 N.J. 44 , 155 A.2d 90, 96 (1959); 1 A, Best, Comparative Negligence Law and Practice § 4.20[l][b][ii] at 4-42 (1993) (hereinafter Best, § -, at —). 5 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
McIntyre v. Balentine green
tenn · 1992
1 sentence

2006In Perez v. McConkey, our Supreme Court, abolishing the doctrine of implied assumption of risk, noted that "it would be ironic indeed if, after abolishing the all-or-nothing proposition of contributory negligence in McIntyre [v. Balentine, 833 S.W.2d 52 ], we were to reinstate it here using the vehicle of assumption of risk." Perez, 872 S.W.2d 897, 905 (Tenn.1994).

12006–2006
Bervoets v. Harde Ralls Pontiac-Olds, Inc. green
tenn · 1995
1 sentence

1995In Bervoets v. Harde Ralls Pontiac-Olds, Inc., 891 S.W.2d 905 (Tenn.1994), we held that the remedy of contribution was not abolished by McIntyre and that actions for contribution should be tried in accordance with the principles of comparative fault.

11995–1995

Where else courts name it

CA 12 (1983–2014) TN 10 (1994–2026) OR 9 (1981–2025) OH 7 (2006–2016) SC 4 (1998–2018) MT 3 (1980–1994) ID 3 (1989–2013) FL 3 (1986–1987) IL 3 (1985–2010) NY 2 (1989–2007)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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