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PEREZ v. McCONKEY

872 S.W.2d 897 (1994)

Nancy S. PEREZ, Plaintiff-Appellant, v. James McCONKEY, d/b/a J & V Sales, Defendant-Appellee.

Supreme Court of Tennessee, at Knoxville.

February 28, 1994.

Attorney(s) appearing for the Case

Charles W. Swanson, Susano, Sheppeard, Giordano, & Swanson, Knoxville, for appellant.

Jeffrey L. Cunningham, Carter, Harrod & Cunningham, Athens, for appellee.

John A. Day, Jeffrey A. Garrety, Nashville, for amicus curiae, Tennessee Trial Lawyers Ass'n.

OPINION

ANDERSON, Justice.

In this appeal, we are asked to decide whether and to what extent the common-law doctrine of assumption of risk retains its vitality in view of our recent decision in McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992). There, we held that contributory negligence no longer serves as a complete bar to a plaintiff's recovery, but is to be considered in apportioning damages according...

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