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JOHN MARTIN CO. v. MORSE/DIESEL, INC.

819 S.W.2d 428 (1991)

JOHN MARTIN COMPANY, INC., Plaintiff/Appellee, v. MORSE/DIESEL, INC., Morse/Diesel, Inc., of Illinois, and Leslie Littlefield, Defendants/Appellants.

Supreme Court of Tennessee, at Knoxville.

October 28, 1991.

Attorney(s) appearing for the Case

Hugh Garner, Garner, Lewis & Prickett, Chattanooga, David M. Meister, and Timothy J. Patenode, Katten, Muchin & Zavis, Chicago, Ill., for defendants-appellants.

American Institute of Architects, Nat. Soc. of Professional Engineers, American Consulting Engineers Council, Tennessee Soc. of Architects, Tennessee Soc. of Professional Engineers, Consulting Engineers of Tennessee, East Tennessee Chapter of the American Institute of Architects, amici curiae.

David N. Garst, Lewis, King, Krieg & Waldrop, Knoxville, for brief of amici curiae.

William T. Alt, Chattanooga, for plaintiff-appellee.

Associated Gen. Contractors of Tennessee and East Tennessee Chapter of the Ass'n of Gen. Contractors, amici curiae.

Dan D. Rhea, Arnett, Draper & Hagood and Wanda Sobieski, Baker, Worthington, Crossley, Stansberry & Woolf, Knoxville, for brief of amici curiae.

OPINION

GARY R. WADE, Special Judge.

Permission to appeal to this Court has been granted to the defendants, Morse/Diesel, Inc., Morse/Diesel, Inc., of Illinois, and Leslie Littlefield, under Rule 11 of the Tennessee Rules of Appellate Procedure. The issue is whether a subcontractor who has been fully paid by the owner for the performance of his contractual duties may make a separate claim in tort against a construction manager for economic loss caused by...

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