And Our Supreme Court'S Opinion In State v. Adams, 864 S.W.2D 31 (Tenn. 1993), The
02C01-9506-CC-00178

02C01-9506-CC-00178
02C01-9506-CC-00178

I Agree With Judge Welles' Analysis In The Majority Opinion. State v. Adams,
02C01-9506-CC-00178

02C01-9507-CC-00180
02C01-9507-CC-00180

02C01-9507-CC-00195
02C01-9507-CC-00195

02C01-9507-CR-00186
02C01-9507-CR-00186

02C01-9410-CR-00219
02C01-9410-CR-00219

02C01-9411-CR-00257
02C01-9411-CR-00257

02C01-9503-CC-00058
02C01-9503-CC-00058
Trial Court Judge: Joe G. Riley. Jr.

02C01-9503-CC-00069
02C01-9503-CC-00069
Trial Court Judge: Whit A. Lafon

02C01-9503-CC-00069
02C01-9503-CC-00069
Trial Court Judge: Whit A. Lafon

02C01-9503-CC-00082
02C01-9503-CC-00082
Trial Court Judge: C. Creed Mcginley

02C01-9503-CC-00083
02C01-9503-CC-00083

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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.