833 S.W.2d 52 (1992)

Harry Douglas McINTYRE, Plaintiff-Appellant, v. Clifford BALENTINE and East-West Motor Freight, Inc., Defendants-Appellees.

Supreme Court of Tennessee, at Jackson.

Rehearing Denied June 1, 1992.

Attorney(s) appearing for the Case

T. Robert Hill, Hill, Boren, Drew & Martindale, P.C., Jackson, John W. Wade, Waller, Lansden, Dortch & Davis, Nashville, Professor Jerry J. Phillips, University of Tennessee, College of Law, J. Anthony Farmer, Ray, Farmer & Eldridge, Knoxville, for plaintiff-appellant.

Robert V. Redding, Waldrop, Breen, Bryant, Crews, Taylor & McLeary, P.A., Jackson, for defendant-appellee Clifford Balentine.

J. Daniel Breen, Waldrop, Breen, Bryant, Crews, Taylor & McLeary, P.A., Jackson, for defendant-appellee East-West Motor Freight, Inc.

Terry L. Hill, James M. Doran, Jr., Donald Capparella, Manier, Herod, Hollabaugh & Smith, Nashville, for amicus curiae Tennessee Defense Lawyers' Association.


DROWOTA, Justice.

In this personal injury action, we granted Plaintiff's application for permission to appeal in order to decide whether to adopt a system of comparative fault in Tennessee. We are also asked to determine whether the criminal presumption of intoxication is admissible evidence in a civil case. We now replace the common law defense of contributory negligence with a system of comparative fault. Additionally, we hold that the criminal...

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