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Little v. Hogan

Citation: Not availableDocket: 01A01-9707-CV-00291

Court: Court of Appeals of Tennessee; February 12, 1998; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this case, the executors of an estate appealed against several defendants, including a trucking company, contesting the notion of negligence per se due to a truck driver's failure to adhere to designated truck routes. The primary legal question was whether such a failure constituted negligence per se under Tennessee law. The court explored whether any statutory duty existed that mandated truck drivers to follow these routes for the public's benefit. Upon review, the court found no specific Tennessee statute imposing such a duty, thereby undermining the claim of negligence per se. The appellants had cited a statute empowering the Department of Transportation to determine traffic routes. However, the court noted that this statute was narrowly applied, limited to municipalities' designated routes for specific traffic types, not extending a duty to truck drivers generally. Consequently, the court concluded that there was insufficient evidence to support negligence per se in this context, and the appeal was not successful. Judge Koch concurred with this opinion, reinforcing the decision.

Legal Issues Addressed

Interpretation of Traffic Route Statutes

Application: The court interpreted a statute authorizing the Department of Transportation to select traffic routes and found it limited to municipal provisions for certain traffic types, which did not extend to a general duty on truck drivers.

Reasoning: The judge notes that this statute has been interpreted narrowly, limiting its application to routes provided by municipalities for specific traffic types.

Negligence Per Se under Tennessee Law

Application: The court examined whether a truck driver's deviation from designated truck routes could be considered negligence per se. It determined that no specific Tennessee statute imposes such a duty for the benefit of the public, thus not supporting negligence per se.

Reasoning: The key issue pertains to whether a truck driver's failure to follow designated truck routes constitutes negligence per se.

Statutory Duty and Protected Class

Application: The court highlighted the necessity of a statute creating a duty intended for public benefit, with the injured party being part of the protected class, to establish negligence per se. In this case, such statutory duty was not found.

Reasoning: For negligence per se to be established, it must be demonstrated that a specific statute imposes a duty for the benefit of the public and that the injured party is within the protected class of that statute.