Should a court ever determine, as a matter of law, that a plaintiff is fifty percent or more at fault? Should it ever do so when there is some evidence of fault of the defendant?
Those questions will be explored by the Tennessee Supreme Court in the coming months. The Court has accepted review of Martin v. Southern Railway Company, a railroad crossing death case. Judge Franks, joined by Judge Swiney, found that the plaintiff’s claims were barred as a matter of law. Judge Susano dissented, saying that a jury question was present.
Look for a decision in late Spring, 2008.