· 9/12/2002
Burton v. Warren Farmers Cooperative
Citations
- 129 S.W.3d 513
- 2002 Tenn. App. LEXIS 661
- 2002 WL 31039345
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “This court uses the familiar Tenn. R. App. P. 13(d) standard to review a trial court’s disposition of a Tenn. R. Civ. P. 41.02(2) motion[.]”
- Mutual assent “may be manifested, in whole or in part, by the parties’ spoken words or by their actions or inactions.”
- under Rule 41.02(2), the court “may dismiss the plaintiff’s claims if the plaintiff has failed to make out a prima facie case by a preponderance of the evidence.”
- res ipsa loquitor case; further holding the plaintiff “must present evidence that affords a rational basis for concluding that the negligent conduct that caused the injury is probably attributable to the defendant”
Source: CourtListener parenthetical corpus (CC0).
Judges: Koch, Cantrell, Cain
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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