Tennessee Supreme Court
806 S.W.2d 767 (1991)
William McClenahan (plaintiff) filed a wrongful death action against Glenn Cooley (defendant), whose vehicle was stolen and subsequently involved in a crash that resulted in the death of McClenahan’s wife and two children and caused serious injuries to a third child. Cooley left his vehicle with the keys in the ignition in a public parking lot while he entered a bank to transact business. A thief spotted the keys, started the car, and sped away. The thief was then spotted by a state trooper, who gave chase along with other law enforcement officers. Twenty minutes later, the thief exited a highway at speeds exceeding 80 miles per hour, ran a red light, and collided with a vehicle driven by McClenahan’s wife, who was pregnant. Physicians were able to deliver the child, who later died. The trial court granted Cooley’s motion to dismiss the complaint. McClenahan appealed.
Rule of Law
Holding and Reasoning (Drowota, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 217,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.