Torts -- 1964 Tennessee Survey

As usual, the Tennessee appellate courts decided a considerable number of tort cases last year, covering a wide variety of problems.There were no striking new developments. In fact, the two decisions which were awaited by the profession with the greatest interest, Kyker v. General Motors Corporation' and Texas Tunneling Co. v. City of Chattanooga, tend to slow down some modem developments. In the Kyker case, it was indicated that manufacturers are not yet strictly liable in Tennessee, at least on warranty grounds, without privity of contract. In the Texas Tunneling case, a federal court undertaking to apply Tennessee law placed definite restrictions on liability for a merely negligent misrepresentation.

Both of these decisions were regarded with satisfaction by the conservative minded; and in view of the fact that almost all of the new developments in tort law during the past decade have been to the advantage of plaintiffs, it may well be that the defendants are entitled to at least a temporary breathing spell in the areas involved in these two decisions.