Opinion

Lancaster v. Montesi

  • 216 Tenn. 50
  • 20 McCanless 50
  • 390 S.W.2d 217
  • 1965 Tenn. LEXIS 558
Court
Tennessee Supreme Court
Filed
Mar 17, 1965
Status
Published
On the bench
Per Curiam
Cited by
75 cases

stating that “[i]f . . . defendant’s conduct . . . was not a factor in causing plaintiff’s damage, that ends the matter.”

How later courts described this case

  • stating that “[i]f . . . defendant’s conduct . . . was not a factor in causing plaintiff’s damage, that ends the matter.”
  • to establish proximate cause, it is not required that a cause be the sole cause, the last act, or the one nearest to the injury, as long as it is a substantial factor causing the injury
  • viewing Tennessee's suicide rule as "parsimonious" but firmly established

Written by the judges who cited it.

The opinion

Petition to Eehear

The plaintiffs, Thomas Paul Lancaster and Mrs. Mary Ellen Easley, have filed a courteous petition to rehear. This petition again argues the position taken by these parties in the original hearing and does not present any new matter not considered by the Court in our original opinion. For this reason the petition is denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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