McIntyre vs. Balentine: Lawsuit Analysis
Assignment V- McIntyre vs. Balentine, 833 S.W.2d 52 (Tenn. 1992)
Prof Lindsey Appiah
Tort Law
December 16, 2012
Actions that gave rise to suit
The McIntyre v Balentine law suit was the result of a vehicular accident that occurred on November 2, 1986. The plaintiff, Harry McIntyre, was exiting Smith’s Truck Stop in Savannah Tennessee onto Southbound Highway 69. The defendant, Clifford Balentine was already traveling Southbound on Highway 69. Moments after Mr. McIntyre entered Highway 69, his truck was struck by Mr. Balentine’s tractor. Mr. McIntyre sustained severe injuries as a result of the accident.
There were several factors which contributed to the fog of fault for both the plaintiff and the defendant. These factors included speed and alcohol. Both the plaintiff and the defendant had admitted to consuming alcohol prior to the accident. Mr. McIntyre admitted to the consumption of at least (7) 16 ounce beers while Mr. Balentine had consumed at least (4) Whiskey drinks. It was approximately 3 hours after both men had finished drinking that the accident occurred, which was approximately 2:30 am.
Prior to Mr. McIntyre exiting Smith’s Truck Stop onto Highway 69S, he observed 2 eight-teen wheelers parked close to the highway. These parked vehicles were obstructing Mr. McIntyre’s view of oncoming traffic. Mr. McIntyre never saw Mr. Balentine’s tractor approaching. Moments after entering Highway 69, Mr. McIntyre’s truck was struck in the right rear corner by Mr. Balentine’s tractor.
After the accident, Mr. McIntyre’s blood alcohol content was measured at .17. In most states, a blood alcohol content of .08 or higher could result in the more serious offense of DWI (driving while intoxicated) versus the less serious DUI (driving under the influence, usually .07 and below). (Diagram completed by author of paper/visual aid only)
As a result of the accident, Mr. McIntyre brought civil suit against Mr. Balentine and East-West Motor
Prof Lindsey Appiah
Tort Law
December 16, 2012
Actions that gave rise to suit
The McIntyre v Balentine law suit was the result of a vehicular accident that occurred on November 2, 1986. The plaintiff, Harry McIntyre, was exiting Smith’s Truck Stop in Savannah Tennessee onto Southbound Highway 69. The defendant, Clifford Balentine was already traveling Southbound on Highway 69. Moments after Mr. McIntyre entered Highway 69, his truck was struck by Mr. Balentine’s tractor. Mr. McIntyre sustained severe injuries as a result of the accident.
There were several factors which contributed to the fog of fault for both the plaintiff and the defendant. These factors included speed and alcohol. Both the plaintiff and the defendant had admitted to consuming alcohol prior to the accident. Mr. McIntyre admitted to the consumption of at least (7) 16 ounce beers while Mr. Balentine had consumed at least (4) Whiskey drinks. It was approximately 3 hours after both men had finished drinking that the accident occurred, which was approximately 2:30 am.
Prior to Mr. McIntyre exiting Smith’s Truck Stop onto Highway 69S, he observed 2 eight-teen wheelers parked close to the highway. These parked vehicles were obstructing Mr. McIntyre’s view of oncoming traffic. Mr. McIntyre never saw Mr. Balentine’s tractor approaching. Moments after entering Highway 69, Mr. McIntyre’s truck was struck in the right rear corner by Mr. Balentine’s tractor.
After the accident, Mr. McIntyre’s blood alcohol content was measured at .17. In most states, a blood alcohol content of .08 or higher could result in the more serious offense of DWI (driving while intoxicated) versus the less serious DUI (driving under the influence, usually .07 and below). (Diagram completed by author of paper/visual aid only)
As a result of the accident, Mr. McIntyre brought civil suit against Mr. Balentine and East-West Motor