Essay on "Mcintyre vs. Balentine"

Essay 4 pages (1337 words) Sources: 4

[EXCERPT] . . . .

However, they acknowledged that the new model of comparative fault systems was simply moving arbitrary contributory negligence to a higher standard.

Current Court's Ruling:

After the ruling of the trial court in favor of the defendant, the plaintiff brought an appeal against the decision. In the appeal, Harry McIntyre, the plaintiff, argued that the trial court blundered by declining to instruct the jury about the doctrine of comparative negligence. He also stated that the trial court erred by advising the judges that a blood alcohol level exceeding .10% produces a conjecture of intoxication. The Supreme Court of Tennessee permitted the plaintiff to appeal in order to determine whether a system of comparative fault should be embraced or established in Tennessee. The appeal was also meant to determine the admissibility of criminal conjecture of intoxication as evidence in a civil case.

In its ruling, the Court of Appeals affirmed the decision of the trial court to rule in favor of the defendant. The Court of Appeals' decision was informed by two major arguments including the fact that comparative negligence is not law in Tennessee ("McIntyre v. Balentine," 2013). Secondly, this court held that the criminal presupposition of intoxication is admissible evidence in a civil lawsuit as provided by the 1988 T.C.A. § 55-10-408(b). Through its ruling, the Court of Appeals basically affirmed in part and rejected in part the judgment of the trial court in favor of the defendant.

The court rejected the pure form of comparative fault system by holding that it is not applicable in Tennessee since it is not law. As a result, the court adopted the modified form of comparative fault in attempts not to completely desert the fault-based tort system in the state. Consequently, as long as the plaintiff's negligence remains less than that of the defendant, the plaintiff may recover ("McIntyre v. Balentine," n.d.). The Court of Appeals also stated that the doctrine of remote and contributory negligence and doctrine of joint and multiple liability are obsolete in order to provide direction to the trial courts. In situations involving multiple tortfeasors, the plaintiffs may recover provided that their fault is minimal as compared to the combined fault of tortfeasors. The Court of Appeals ruled that the Uniform Contribution Among Tortfeasors Act will no longer be applicable in determining the allotment of liability among or between co-defendants.

However, as embedded in Tennessee jurisprudence, there are exceptions to the common all-or-nothing rule. One of these exceptions is the fact that contributory negligence does not completely prevent recovery in cases where the defendant's conduct was deliberate. The court acknowledged that its ruling to uphold the decision of the trial court and giver directions affected several legal principles related to tort litigation. The main effect of the ruling is its contribution to the need to harmonize these legal principles with comparative fault, which must be conducted in the future.

In conclusion, McIntyre vs. Balentine was a landmark case in the United States regarding contributory negligence in a lawsuit. This lawsuit was filed following an accident in which the plaintiff and defendant were involved though they disputed each other's claims on the chronology of events preceding the incident. The trial court ruled in favor of the defendant on the basis that they were equally at fault despite the fact that the plaintiff suffered severe injuries. The Court of Appeals upheld this ruling since comparative negligence is not law in the state and affirming the admissibility of criminal presumption of intoxication as evidence in a civil case.

References:

"Comparative Fault & The Empty Chair." (n.d.). Lex et Scientia. Retrieved March 13, 2014,

from http://www.drslawfirm.com/Documents/lexscientia.comparative.html

Day, J.A. (n.d.). § 15.21 Fifty Percent Rule. Retrieved March 13, 2014, from http://www.johndaylegal.com/lawyer-attorney-1803708.html

"McIntyre v. Balentine." (2013). Leagle, Inc. Retrieved March 13, 2014, from http://www.leagle.com/decision/1992885833SW2d52_1885

"McIntyre v. Balentine." (n.d.). Case Briefs -- The Most Comprehensive Digital Legal Content.

Retrieved March 13, 2014, from http://www.casebriefs.com/blog/law/torts/torts-keyed-to-dobbs/defenses/mcintyre-v-balentine/2/ READ MORE

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