SUPREME COURT OPINIONS

02S01-9502-CR-00019
02S01-9502-CR-00019
Trial Court Judge: H. T. Lockard

Shelby Supreme Court

03S01-9505-CV-00047
03S01-9505-CV-00047

Supreme Court

03S01-9505-CH-00060
03S01-9505-CH-00060

Supreme Court

03S01-9502-CH-00017
03S01-9502-CH-00017

Supreme Court

01S01-9303-CC-00052
01S01-9303-CC-00052

Supreme Court

01S01-9303-CC-00052
01S01-9303-CC-00052

Supreme Court

02S01-9501-CV-00008
02S01-9501-CV-00008
Trial Court Judge: Joe C. Morris

Supreme Court

02S01-9502-CV-00015
02S01-9502-CV-00015
Trial Court Judge: C. Creed Mcginley

Supreme Court

02S01-9502-CV-00015
02S01-9502-CV-00015

Supreme Court

01S01-9411-CR-00138
01S01-9411-CR-00138

Supreme Court

02S01-9505-CC-00044
02S01-9505-CC-00044
Trial Court Judge: Whit A. Lafon

Supreme Court

01S01-9402-CV-00149
01S01-9402-CV-00149
Trial Court Judge: Robert E. Burch

Supreme Court

03S01-9503-CV-00029
03S01-9503-CV-00029
Trial Court Judge: W. Dale Young

Supreme Court

02S01-9502-CR-00019
02S01-9502-CR-00019
Trial Court Judge: H. T. Lockard

Shelby Supreme Court

Joseph Carl Owens v. Truckstops of America, Truckstops of America, Inc. v. B. Michael Design, Inc. and Vitro Products, Inc. - Dissenting
01S01-9408-CV-00077
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: Judge Marietta M. Shipley

Based on the plaintiff's expectations at the time he filed this lawsuit in 1988, I agree with the majority that, in this transition case, it is reasonable to permit the plaintiff to recover from the defendants that he named in his complaint ("Truckstops") all of his damages that were proximately caused by Truckstops and that were not attributable to the plaintiff's own fault (if any). I also agree with the majority that it is fair in this transition case to permit Truckstops to receive contribution from the parties that were named by Truckstops as third-party defendants. However, I believe that the contribution should be based on the parties' respective percentages of fault, and that this method should apply not only to the negligence claims set forth in the thirdparty complaint, but to the strict products liability claim as well. If liability were thus linked to fault on each claim in the third-party complaint, each defendant (including the third-party defendants) would be liable only for the percentage of the plaintiff's damages that was caused by that defendant's fault, and the doctrine of joint and several liability would have no application.

Davidson Supreme Court

01S01-9503-CC-00036
01S01-9503-CC-00036
Trial Court Judge: John A. Turnbull

Supreme Court

01S01-9505-CR-00085
01S01-9505-CR-00085
Trial Court Judge: Seth W. Norman

Supreme Court

State of Tennessee v. Billy D. Frasier - Dissenting
01S01-9503-CC-00036
Authoring Judge: Justice Lyle Reid
Trial Court Judge: Judge John A. Turnbull

I dissent from the majority's holding that a person arrested for driving under the influence of an intoxicant will be denied the right to consult with counsel prior to submitting to a breath test, regardless of the circumstances, and also from the majority's holidng that the defendant's right against self-incrimination would not be violated by the adminssion of his refusal to submit to the breath test as evidence of intoxication.

 

Putnam Supreme Court

02S01-9406-CV-00032
02S01-9406-CV-00032

Supreme Court

03S01-9502-CV-00013
03S01-9502-CV-00013
Trial Court Judge: Roger E. Thayer

Supreme Court

Josie Gray, Administratrix of the Estate of Peggy M. Bush Deceased, v. Ford Motor Company and Springfield Surgery, P.C. and Sarjeet S. Kumar
01S01-9505-FD-00066
Authoring Judge: Justice Lyle Reid

Pursuant to Rule 23, Rules of the Tennessee Supreme Court, the Court has accepted for decision the following question of law certified by the Sixth Circuit Court of Appeals: Whether principles of comparative fault should apply in Tennessee medical malpractice actions so as to result in the apportionment of damages between the estate of a decedent who acted negligently in causing an initial injury and physician who negligently treated the decedent for that injury.

Davidson Supreme Court

Joseph Carl Owens v. Truckstops of America, Truckstops of America, Inc. and B.P. America, Inc. v. B Michael Design, Inc. and Vitro Products, Inc.
01S01-9408-CV-00077
Authoring Judge: Justice Lyle Reid
Trial Court Judge: Judge Marietta M. Shipley

This interlocutory appeal presents for determination the principles of comparative fault applicable to the assessment of liability among joint tort feasors and the application of those principles to this transitional case, in which the cause of action accrued prior to the decision in McIntyre v. Balentine, 833 S.W.2d52 (Tenn. 1992). The decision of the Court of Appeals is modified and the case is remanded to the trial court.

Davidson Supreme Court

Guy Alexander, Jr., Royce Taylor, and Skyline Apartments Partnership v. Third National Bank
01S01-9411-CV-00147
Authoring Judge: Justice Lyle Reid
Trial Court Judge: Judge Barbara N. Haynes

This case presents for review the decision of the Court of Appeals sustaining the defendant's motion for summary judgment on the ground the suit is barred by the three year statute of limitations. This Court finds the essential cause of action alleged is breach of contract rather than injury to property and, therefore, the applicable limitation period is six years rather than three years.

Davidson Supreme Court

03S01-9404-CV-00019
03S01-9404-CV-00019

Supreme Court

01S01-9502-CV-00029
01S01-9502-CV-00029

Supreme Court