published Thursday, December 19th, 2013

Tennessee Supreme Court says Wal-Mart lawsuit can proceed

NASHVILLE, Tenn. — The state Supreme Court has ruled that a woman injured in a Wal-Mart parking lot in Red Bank can proceed with her negligence lawsuit against the store.

Jolyn Cullum filed the case after she was injured when a car driven by another Wal-Mart customer backed into her vehicle.

The lawsuit alleges that the other shopper, Jan McCool, had been denied service at the Wal-Mart pharmacy because employees believed she was intoxicated. But they did not call police or otherwise prevent her from driving.

The case was initially dismissed on the basis that Wal-Mart had not have a duty to control McCool, but the Court of Appeals reversed that ruling. The Supreme Court on Wednesday agreed that there were sufficient facts in the case to keep it from being dismissed.

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