Tennessee Rejects Preemption Rule When Vicarious Liability Admitted

Does comparative fault still apply for direct negligence claims when the employer has admitted vicarious liability?  In its recent ruling on a Tenn. R. App. P. 10 Extraordinary Appeal, the Tennessee Court of Appeals has answered “yes.”

As a result of the recent ruling in Jones v. Windham, the Court of Appeals has rejected the so-called preemption rule, barring direct negligence claims against an employer when vicarious liability is admitted.  Instead, the “non-preemption rule” applies as it comports with Tennessee’s system of comparative fault.  [Read more…]