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OWENS v. TRUCKSTOPS OF AMERICA

915 S.W.2d 420 (1996)

Joseph Carl OWENS, Plaintiff/Appellant, v. TRUCKSTOPS OF AMERICA, Truckstops of America, Inc., and B.P. America, Inc., Defendants/Third-Party Plaintiffs/Appellees, v. B. MICHAEL DESIGN, INC., and Vitro Products, Inc., Third-Party Defendants/Appellees.

Supreme Court of Tennessee, at Nashville.

January 29, 1996.

Attorney(s) appearing for the Case

Davidson Circuit, No. 01S01-9408-CV-00077; Marietta M. Shipley, Judge.

Steve North, Mark North, Nashville, for Plaintiff/Appellant.

Barry L. Howard, Michael H. Johnson, Gracey, Ruth, Howard, Tate & Sowell, Nashville, for Defendants/Third-Party Plaintiffs/Appellees.

Martin D. Holmes, Stewart, Estes & Donnell, Nashville, John M. Bryant, Jr., W. Bryan Brooks, Brewer, Krause & Brooks, Nashville, for Third-Party Defendants/Appellees.

OPINION

REID, Justice.

This interlocutory appeal presents for determination the principles of comparative fault applicable to the assessment of liability among joint tortfeasors 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.2d 52 (Tenn. 1992). The decision of the Court of Appeals is modified and...

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