BROWN v. WAL-MART DISCOUNT CITIES


12 S.W.3d 785 (2000)

Joey BROWN, as next friend and natural guardian of Mitchell W. Brown, Appellee, v. WAL-MART DISCOUNT CITIES, Appellant.

Supreme Court of Tennessee, at Nashville.

January 31, 2000.


Attorney(s) appearing for the Case

Tracy Shaw, Alice Margaret Essary, Howell & Fisher, Nashville, for Appellant.

John A. Day, Donald Capparella, Branham & Day, Nashville, W. Charles Doerflinger, Lawrenceburg, for Appellee.


O P I N I O N

RILEY ANDERSON, Chief Justice.

We granted the application for permission to appeal in this slip and fall case to decide the issue of whether the defendant can attribute fault to an unidentified, or "phantom," tortfeasor.

In this case, the plaintiff was injured when he slipped on ice and water that had been spilled on the floor in defendant's store. The defendant argued that the jury should be allowed to consider the fault of the unidentified...

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