CULLUM v. McCOOL

No. E2012-00991-SC-R11-CV

432 S.W.3d 829 (2013)

Jolyn CULLUM et al. v. Jan McCOOL et al.

Supreme Court of Tennessee, at Knoxville.

December 18, 2013.


Attorney(s) appearing for the Case

G. Andrew Rowlett and Behnaz Sulkowski , Nashville, Tennessee, for the appellant, Wal-Mart Stores East, LP.

Amelia C. Roberts , Chattanooga, Tennessee, for the appellees, Jolyn Cullum and Andrew Cullum.

Lynda Motes Hill , Nashville, Tennessee, for the Amicus Curiae, National Federation of Independent Business Small Business Legal Center.


OPINION

SHARON G. LEE, J., delivered the opinion of the Court, in which GARY R. WADE, C.J., and CORNELIA A. CLARK and WILLIAM C. KOCH, JR., JJ., joined. JANICE M. HOLDER, J., filed a separate concurring and dissenting opinion.

The issue presented in this premises liability case is whether a store owes a duty to protect its customer from a visibly intoxicated customer who was ordered to leave the store by store...

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