SUPREME COURT OPINIONS

01S01-9508-CH-00138
01S01-9508-CH-00138
Trial Court Judge: Irvin H. Kilcrease, Jr.

Gene v. Aaby,
03S01-9507-CH-00073

Gene v. Aaby,
03S01-9507-CH-00073

01S01-9505-CH-00083
01S01-9505-CH-00083

02S01-9410-CR-00071
02S01-9410-CR-00071

In Re: Estate of Mary T. Austin, Deceased, Elizabeth T. Austin, v .Christy N. Austin and Robert C. Austin C., Jr.
03S01-9410-PB-00092
Authoring Judge: Justice Lyle Reid
Trial Court Judge: Chancellor Dennis H. Inman

This case presents for review the decision of the probate court, affimred by the Court of Appeals, that the personal representative in this case may, in his discretion, distribute certain corporate stock in kind rather than sell the stock and distribute the proceeds. The decision miscontrues applicable law and is reversed.

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

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

02S01-9505-CV-00036
02S01-9505-CV-00036
Trial Court Judge: George H. Brown

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

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

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

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

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

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

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

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

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

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

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.

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

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

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

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.

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.