Betty Potter v. Ford Motor Company - Concurring

Court of Appeals of Tennessee

Betty Potter v. Ford Motor Company - Concurring

Court of Appeals of Tennessee·Decided June 21, 2006·No. E2005-01578-COA-R3-CV·Published

Opinion

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE April 4, 2006 Session

BETTY POTTER, et al., v. FORD MOTOR COMPANY

Appeal from the Circuit Court for Cumberland County No. CV003993 John J. Maddux, Jr., Judge

No. E2005-01578-COA-R3-CV - FILED JUNE 21, 2006

CONCURRING OPINION

While I agree with Ford, that Restatement (Third) of Torts § 2, comment f, requires: “To establish a prima facie case of defect, the plaintiff must prove the availability of a technologically feasible and practical alternative design that would have reduced or prevented the plaintiff’s harm . . .”, unless and until Tennessee adopts Restatement (Third) of Torts on this issue, Judge Lee in my view, has correctly summarized the state of Tennessee law on this issue. Accordingly, I concur in her Opinion in affirming the Trial Court.

______________________________ HERSCHEL PICKENS FRANKS, P.J.

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IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE April 4, 2006 Session

BETTY POTTER, et al., v. FORD MOTOR COMPANY

Appeal from the Circuit Court for Cumberland County No. CV003993 John J. Maddux, Jr., Judge

No. E2005-01578-COA-R3-CV - FILED JUNE 21, 2006

CONCURRING OPINION

While I agree with Ford, that Restatement (Third) of Torts § 2, comment f, requires: “To establish a prima facie case of defect, the plaintiff must prove the availability of a technologically feasible and practical alternative design that would have reduced or prevented the plaintiff’s harm . . .”, unless and until Tennessee adopts Restatement (Third) of Torts on this issue, Judge Lee in my view, has correctly summarized the state of Tennessee law on this issue. Accordingly, I concur in her Opinion in affirming the Trial Court.

______________________________ HERSCHEL PICKENS FRANKS, P.J.

Betty Potter v. Ford Motor Company - Concurring, (Tenn. Ct. App. 2006).

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