Cullum v. McCool, 432 S.W.3d 829 (Tenn. 2013)
Dec 18, 2013OUTCOME: The judgment for the Plaintiff was affirmed and remanded to trial court.
Overview Successfully argued case before the Tennessee Supreme Court in which my client was the victim of a hit and run intoxicated driver in the parking lot of a Wal-Mart store. The Supreme Court fo ... und that the Trial Court erred in granting the store's motion to dismiss under Tenn. R. Civ. P. 12.02 because the patron alleged sufficient facts to show that the store had a duty to protect her from foreseeable risks of harm; the store knew that a person was intoxicated and that the person would be driving her motor vehicle in the store's parking lot; therefore, it was reasonably foreseeable that she posed a specific danger to other patrons.