Pryor Priest & HarberPryor, Priest, Harber, Floyd & Coffey
Speak with one our attorneys today for a Free Consultation.

TN Supreme Court to decide Walmart drunk driving case

A woman who was hit by a drunk driver in a Walmart parking lot will pursue her case against the store chain all the way to the Tennessee Supreme Court. The underlying facts of the case are that in February, 2011, another woman, who appeared to be intoxicated and belligerent, was told to leave the Signal Mountain Walmart. The woman then proceeded to get into her car in the parking lot, put it in reverse, and backed into another customer who was loading her car with groceries at the time of the car accident.

The driving woman kept trying to drive her car in reverse. Consequently, the woman who had been hit was trapped between the two cars. Other customers ran to shout at the driving woman to stop before she finally stopped her car.

The injured woman filed suit against the driver and Walmart, claiming that the store was liable with the driver for $1,000,000. Although the trial court dismissed the case against Walmart, the Tennessee Court of Appeals ruled in the injured woman's favor, ruling that a business should take reasonable actions to protect its customers. Walmart and the National Federation of Independent Business have opposed the case, taking the position that a retailer cannot be expected to oversee the behavior of all of its customers.

The case presents issues concerning the extent to which businesses must be responsible for the behavior of their customers. The appellant will argue that Walmart knew that the woman appeared drunk and could do harm but ignored the situation. Walmart and other business organizations will argue it is unreasonable to require businesses to police their customers. The case will be argued before the Tennessee Supreme Court in September.

Source: NBC, "Woman hit by drunk driver in Walmart parking lot, case heads to TN Supreme Court", Matt Barbour, July 25, 2013

No Comments

Leave a comment
Comment Information
    Badge Super Lawyers Timothy Badge Super Lawyers Adam Badge Super Lawyers John Badge Super Lawyers Robert Badge Super Lawyers Stephen Badge American Association for Justice
    Badge ABA Badge AV Peer Review Rated Badge NACDL Badge TACDL Badge Tennessee Association for Justice Badge Tennessee Bar Association
Email Us For A Response

How Can We Help You?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Our Office

Pryor Priest & Harber
625 S. Gay Street, Suite 600
Two Centre Square
Knoxville, TN 37902

Toll Free: 888-778-8095
Phone: 865-223-6303
Fax: 865-522-0910
Knoxville Law Office Map