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WHITEHEAD v. TOYOTA MOTOR CORP.

897 S.W.2d 684 (1995)

Mark D. WHITEHEAD; H.D. Whitehead; and Jean D. Whitehead, Plaintiffs-Respondents-Petitioners, v. TOYOTA MOTOR CORPORATION; Toyota Motor Sales, U.S.A., Inc.; and Toyota Motor Distributors, Inc., Defendants-Petitioners-Respondents.

Supreme Court of Tennessee, at Nashville.

May 1, 1995.

Attorney(s) appearing for the Case

Fred C. Dance, Dance, Dance & Lane, Nashville, for plaintiffs.

Dennis J. Meaker and Winston S. Evans, Evans, Jones & Reynolds, Nashville, for amicus curiae.

John A. McReynolds, Jr., Baker, McReynolds, Byrne, Brackett, O'Kane & Shea, Knoxville, for defendants.

T. Harold Pinkley and Wynne C. Hall, Paine, Swiney & Tarwater, Knoxville, for amicus curiae.

DROWOTA, Justice.

QUESTIONS CERTIFIED

Pursuant to Rule 23 of the Rules of the Supreme Court of Tennessee, this Court has accepted two questions certified to us by the United States District Court for the Eastern District of Tennessee. The questions are as follows:

1. Whether the affirmative defense of comparative fault can be raised in a products liability action based on strict liability in tort?

2. If the affirmative defense of comparative...

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