Companion to Applied Regression
However, in State v. Jones, 151 S.W.3d 494 (Tenn. 2004), the court ruled that a passenger’s
conduct in holding her 2-year-old child in her lap was not a gross deviation from ordinary care
under the facts of this case. The court reasoned that adult drivers routinely fail to safely restrain
child passengers. The court cited a recent survey finding that only 60 percent of child passengers
were restrained and that State law “permitted a mother to remove her child from its car seat to
nurse the child or to ‘attend to its other physiological needs.’”
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Likewise, in...