Jean Carolyn Dotson v. Amanda B. Blake, et al - Concurring

I concur in the result reached by the majority. I write separately to state the basis for my
concurrence. In McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992), we adopted a modified system of comparative fault in which parties contributing to the plaintiff’s injuries were to be held liable only to the extent of their relative percentages of fault. Ridings v. Ralph M. Parsons Co., 914 S.W.2d 79 (Tenn. 1996), highlighted the problems inherent in the application of McIntyre to workers who sustained employment-related injuries and who filed tort actions against persons other than their employers. These workers found themselves in a unique situation. They were subject to both the tort system’s doctrine of comparative fault adopted by this Court and the workers’ compensation system’s doctrine of no-fault recovery created by the legislature.