Bard of the Bar Germain McCarthy Bard of the Bar Germain McCarthy

Tennessee Supreme Court Rules Preemption Rule Not Compatible with Comparative Fault

The “preemption rule,” which has been adopted in a number of jurisdictions around the country, limits injured plaintiffs’ ability to prove wrongdoing against employers because, so long as an employer admits that it is vicariously liable for an employee’s negligence, the employer’s own potential acts of misconduct for negligent supervision, hiring, training, or entrustment are not disclosed to the trier-of-fact.

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