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TATE v. TRIALCO SCRAP, INC.

No. 3-88-0593.

745 F.Supp. 458 (1989)

Harold TATE, Jr., Ronnie Tate, Individually, and d/b/a Tate Fabricating Company, and Reliance Insurance Company v. TRIALCO SCRAP, INC., and CDM Holding Corporation, d/b/a Drossmet, and the Hartford Accident and Indemnity Company.

United States District Court, M.D. Tennessee, Nashville Division.

June 15, 1989.

Attorney(s) appearing for the Case

Jon E. Jones, Moore, Jones, Rader & Clift, Cookeville, Tenn., for plaintiffs.

B. Morris Martin, Pat Huddleston, II, McKenzie & McPhail, Atlanta, Ga., James D. Madewell, Madewell & Jared, Cookeville, Tenn., for defendants.

MEMORANDUM

MORTON, Senior District Judge.

In this action, a lessor and its subrogated insurer seek damages from a tenant who negligently caused a fire which damaged the leased building. This court has jurisdiction based upon diversity of citizenship. The law to be applied is that of the State of Tennessee. Since there is no Tennessee law directly on point, this court's duty is to predict what law the Tennessee Supreme Court would apply under the same circumstances...

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