Tennessee High Court Allows Parking Lot Claim Against Wal-Mart

December 20, 2013

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.

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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