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McIntyre v. Balentine | 833 S.W.2d 52 (1992)
One drunk driver crashes into another. The victim sues, claiming negligence, but he was drunk too. Should that completely disqualify him from recovering, or simply reduce the amount he can get? It all depends on whether the court applies contributory or comparative negligence. Consider the case of McIntyre versus Balentine.
Harry Douglas McIntyre drank all evening. In the wee hours of the morning, he climbed into his pickup truck and started speeding down a rural highway. Clifford Balentine was driving his tractor down the same road. Balentine had also imbibed that night, enough to bring his blood alcohol level to 0.17 percent. Balentine ended up crashing into McIntyre’s truck.
McIntyre sued Balentine for negligence. Balentine countered that McIntyre had been contributorily negligent because he was also driving drunk and he was speeding. The jury found that both parties were equally at fault. The court, reasoning under the system of contributory negligence then in place in Tennessee, ruled in favor of Balentine.
McIntyre appealed, claiming that the trial court had erroneously failed to instruct the jury regarding the doctrine of comparative negligence. Under that rule, McIntyre’s recovery would’ve been reduced, but not barred entirely. The court of appeals affirmed, finding that comparative negligence wasn’t the law in Tennessee. McIntyre appealed to the state supreme court, urging it to adopt the comparative-negligence rule.
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