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.