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While Tennessee has not seen the volume of lawsuits that states the cities like Virginia, Texas, Ohio and Pennsylvania have seen, the state courts have deal with enough asbestos cancer related cases to have developed specific statutes and policies for dealing with asbestos-related diseases. If you need an example like this For instance, in 1979, the Tennessee legislature passed a bill that accepted asbestosis from a restrictive statute of repose.

More than asbestos and mesothelioma lawsuits are challenged either in pre-trial motions or on appeal with defendants citing errors of procedure as the reason for appeal.
Tennessee courts have ruled in favor of plaintiffs in matters of procedure.
In 1982 case, for instance, the Sixth Circuit Court of Appeals reversed a lower court's jury verdict for the defendant on the grounds that the trial court judge had erred in several matters of procedure. One of the more important errors was the judge's instruction to the jury telling them by mistake that they could only find for the plaintiff if the defendant's products were the sole cause of the decedent's asbestosis. On the contrary, the appeal court stated, the defendant's actions didn't have to be the sole cause of the defendant's injury under Tennessee law. It was enough that the defendant's actions were a "substantial factor in causing them.

The Tennessee courts follow a system of modified comparative negligence - 50 percent in determining whether or not damages should be awarded.
Under the system followed in the Tennessee courts, a plaintiff can only collect damages if their fault in causing the injury is found to be 49 percent or less.
If the plaintiff is found partially at fault, but less than 50 percent at fault, any damages determined will be reduced in proportion to their share of the fault.Simply , if the jury decides that the plaintiff is 30% at fault in his or her own injury and the damages in the case amount to $100,000, the plaintiff may collect up to $70,000.


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Tennessee Asbestos Litigation