Curtis

MEMORANDUM *

Plaintiff-Appellant Capri Curtis appeals the district court’s - summary judgment against her in this diversity action. Curtis asserted a number of tort claims and sought damages for breach of the implied warranties of fitness and merchantability. Her claims arose out of her 1997 rental of a truck and tow dolly from DefendantAppellee Ryder TRS, Inc. in Tennessee and a series of subsequent mechanical problems, including an accident caused by a brake failure, that occurred as she moved her family to Washington State in the rented truck. The district court dismissed the contract claims based on the disclaimer of warranties included in Curtis’ contract with Ryder. 1 On appeal, Curtis argues under Tennessee law that the disclaimer was not sufficiently conspicuous, was a violation of public policy, and was not within the parties’ “circle of assent.” We agree with the district court that the disclaimer was “conspicuous” as defined by Tennessee law and the Uniform Commercial Code, and that there was no violation of public policy under Tennessee law. However, we hold that the disclaimer was outside the parties’ “circle of assent” under Tennessee law, and we therefore…