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Recommended: Applying negligence principles

McIntyre vs. Balentine: The McIntyre vs. Balentine is one of the landmark cases in the United States because of its contribution to the adoption of a system of modified comparative fault in Tennessee. Based on this system, a plaintiff may receive compensation for damages where his/her fault is less than the defendant’s fault. Notably, the recovery of damages by the plaintiff is lessened to reflect his/her extent of fault. In situations involving several tortfeasors, a plaintiff’s recovery of damages is valid so long as his/her fault is less than the total fault of all tortfeasors (“Comparative Fault & The Empty Chair”, n.d.). The lawsuit was determined on the basis of contributory negligence doctrine and comparative negligence. The application of these doctrines as fueled by the need to determine the essential difference in the fault or legal duty between a party or non-party and negligent tortfeasor. Actions that Contributed to the Suit: Harry Douglas McIntyre, the plaintiff, was involved in a car accident together with Clifford Balentine, the defendant in the early morning of November 2, 1986. The accident, which occurred in the neighborhood of Smith’s Truck Stop in Savannah, Tennessee, resulted in severe injuries to McIntyre (“McIntyre v. Balentine”, 2013). During the rime of the accident, Balentine was traveling south on Highway 69 and McIntyre entered the highway from the parking lot of the truck stop. A few minutes after his entry to the highway, McIntyre’s pickup truck was hit by Balentine’s Peterbilt tractor. McIntyre and Balentine had consumed alcohol the evening before the occurrence of the accident. Notably, when McIntyre’s blood level was measured after the accident, it was .17 percent by weight while testi... ... middle of paper ... ... legal principles related to tort litigation. The main effect of the ruling is its contribution to the need to harmonize these legal principles with comparative fault, which must be conducted in the future. In conclusion, McIntyre vs. Balentine was a landmark case in the United States regarding contributory negligence in a lawsuit. This lawsuit was filed following an accident in which the plaintiff and defendant were involved though they disputed each other’s claims on the chronology of events preceding the incident. The trial court ruled in favor of the defendant on the basis that they were equally at fault despite the fact that the plaintiff suffered severe injuries. The Court of Appeals upheld this ruling since comparative negligence is not law in the state and affirming the admissibility of criminal presumption of intoxication as evidence in a civil case.

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