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Linda Robinson, Mother and Next of Kin of Terry Lynn Robinson, Deceased v. Walter E. Cotner, Sr., Personal Representative of the Estate of Walter E. Cotner, Jr., Deceased
Citations: 23 F.3d 408; 1994 U.S. App. LEXIS 17622; 1994 WL 162766Docket: 92-6142
Court: Court of Appeals for the Sixth Circuit; April 28, 1994; Federal Appellate Court
The appeal centers on the implied assumption of risk doctrine in Tennessee, which has been recently abolished by the Tennessee Supreme Court in Perez v. McConkey. Linda Robinson, the plaintiff and mother of the deceased Terry Lynn Robinson, filed a negligence lawsuit against the estate of Walter E. Cotner, Jr. after both men died in a vehicle accident involving alcohol. The trial court instructed the jury on the assumption of risk doctrine, leading to a verdict that barred recovery for the plaintiff based on a finding that she had knowingly assumed the risk. The Tennessee Supreme Court, in its ruling in Perez, stated that the implied assumption of risk doctrine is no longer applicable, as the issues can be better analyzed through the concepts of duty and comparative fault. The court clarified that this ruling applies to all pending cases where the assumption of risk was raised, confirming that the case at hand involves implied rather than express assumption of risk. Consequently, the appellate court reversed the trial court's judgment and remanded the case for a new trial, emphasizing the relevance of the Perez decision to the current matter.