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McIntyre v. Balentine

Tennessee Supreme Court

833 S.W.2d 52 (Tenn. 1992)

Relevant factsFree

Harry Douglas McIntyre (plaintiff) and Clifford Balentine (defendant) got into a car accident after both had been drinking, with evidence showing Balentine was speeding; McIntyre suffered severe injuries and sued for negligence. The jury found both men equally at fault, and because Tennessee was then a contributory-negligence jurisdiction, that equal-fault finding barred McIntyre's recovery entirely, resulting in judgment for Balentine; the court of appeals affirmed, and McIntyre appealed.

IssueFree

Whether a plaintiff may recover any damages for an accident if he is contributorily negligent.

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