Betty Potter, et al. v. Ford Motor Company - Concurring

Case Number
E2005-01578-COA-R3-CV

While I agree with Ford, that Restatement (Third) of Torts § 2, comment f, requires:  “To establish a prima facie case of defect, the plaintiff must prove the availability of a technologically feasible and practical alternative design that would have reduced or prevented the plaintiff’s harm . . .”, unless and until Tennessee adopts Restatement (Third) of Torts on this issue, Judge Lee in my view, has correctly summarized the state of Tennessee law on this issue.  Accordingly, I concur in her Opinion in affirming the Trial Court.

Authoring Judge
Judge Herschel Pickens Franks
Originating Judge
Judge John J. Maddux, Jr.
Case Name
Betty Potter, et al. v. Ford Motor Company - Concurring
Date Filed
Dissent or Concur
No
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