Tennessee High Court Allows Parking Lot Claim Against Wal-Mart

December 20, 2013
Walmart

The Tennessee Supreme Court has ruled that a woman injured in a Wal-Mart parking lot in Red Bank can proceed with her negligence lawsuit against the store.

Jolyn Cullum filed the case after she was injured when a car driven by another Wal-Mart customer backed into her vehicle.

The lawsuit alleges that the other shopper, Jan McCool, had been denied service at the Wal-Mart pharmacy because employees believed she was intoxicated. But they did not call police or otherwise prevent her from driving.

The case was initially dismissed on the basis that Wal-Mart had not have a duty to control McCool, but the Court of Appeals reversed that ruling. The Supreme Court agreed that there were sufficient facts in the case to keep it from being dismissed.

 

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Latest Comments

  • December 24, 2013 at 1:48 pm
    Hmmm says:
    I am not really a fan of Walmart, but this was a tough situation for them. If they held her for the police, would that be a false imprisonment? Other than possibly a drunk ... read more
  • December 20, 2013 at 7:25 pm
    Wild Bill says:
    Let's face it, holding someone liable for their own actions is passe. Particularly here where the driver was probably under suspension and had no insurance. (Don't even sugg... read more
  • December 20, 2013 at 2:38 pm
    Rosenblatt says:
    I interpreted the issue differently and don't agree with your theory that the issue is over Walmart's "duty to deny her access." I believe the Walmart negligence stemmed from... read more
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