Title: Douglas W. THOMASON, Administrator of the Estate of Douglas W. Thomason…
Court: Court of Appeals of Tennessee. Middle Section, at Nashville
Case Number:
Date: Feb 2, 1981
Fact:
- Douglas W. Thomason, Jr., was killed in a car accident on Iron City Road, a highway maintained by Wayne County.
- The accident occurred due to Thomason losing control of the car and hitting a guard rail.
- The guard rail had been repaired with an angle iron, and the car hit this section head-on, resulting in Thomason’s death.
- Thomason had been drinking before the accident.
Issue:
- Whether Wayne County was liable for negligence, nuisance, or strict liability in the accident involving Thomason’s death.
- Whether Thomason’s contributory negligence bars the action against Wayne County.
Decision:
- The Trial Court found Wayne County guilty of ordinary negligence but dismissed the action due to Thomason’s contributory negligence.
- The Appeals Court affirmed the Trial Court’s decision, stating that Wayne County’s actions did not amount to gross negligence or create a nuisance.
- The Appeals Court also ruled that the case did not fall under strict liability, as Wayne County was not engaged in inherently dangerous activities.
- Thomason’s contributory negligence was found to be the direct and proximate cause of his death.
- The decision of the Trial Court was affirmed, and the costs of the appeal were taxed to the appellant.