COLN v. CITY OF SAVANNAH


966 S.W.2d 34 (1998)

Hazel Maxine COLN and husband, Carl F. Coln, Appellants, v. CITY OF SAVANNAH, Tennessee, Appellee. Debbie VANCLEAVE, Appellant, v. Matthew MARKOWSKI and wife, Diane Markowski, Appellees.

Supreme Court of Tennessee, at Jackson.

March 30, 1998.


Attorney(s) appearing for the Case

Edward L. Martindale, Jr., Drew and Martindale, Jackson, for Appellant, Coln.

James H. Bradberry, James H. Bradberry & Associates, Dresden, for Appellant Vancleave.

John A. Day, Donald Capparella, Nashville, Jeffrey A. Garrety, Jackson, for amicus curiae, Tennessee Trial Lawyers Association.

James A. Hopper, Savannah, for Appellee, City of Savannah.

Russell E. Reviere, Bradford D. Box, Rainey, Kizer, Butler, Reviere & Bell, P.L.C., Jackson, for Appellee, Markowski.

Todd Moore, Haynes & Freeman, P.L.C., Goodlettsville, for amicus curiae, Tennessee Municipal Attorneys Association.


OPINION

ANDERSON, Chief Justice.

We granted permission to appeal in two premises liability cases to determine a common question to both — whether and to what extent the traditional open and obvious rule eliminating a landowner's duty to one injured as a result of an open and obvious danger continues to be viable after the adoption of comparative fault in McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992)....

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