Sandi Dawn Cunningham et al v. Bryan Truck Line, Inc. et al.

Following a mechanical failure, an employee parked his tractor-trailer on the shoulder of an interstate highway.  As result of delays in the repair of the tractor-trailer, the vehicle had been on the shoulder for at least seven hours when a driver crashed into the parked tractor-trailer.  Two of the driver’s passengers, the driver’s son and his son’s fiancée, died.  The estates of the deceased and their shared minor child (the Plaintiffs) filed a tort suit against the driver and also against the driver of the tractor-trailer and his trucking company employer.  The trial court granted summary judgment to the defendant tractor-trailer driver and his employer.  In doing this, the trial court based its decision upon what it termed a special rule of Tennessee tort law called the Carney Rule, a reference to this court’s decision in Carney v. Goodman, 270 S.W.2d 572 (Tenn. Ct. App. 1954).  In reaching this conclusion, the trial court relied upon an understanding of the Carney decision set forth in several federal court decisions.  The Plaintiffs argue the trial court erred in its application of the Carney Rule.  We agree and reverse the trial court’s decision, remanding for further proceedings.