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LIPSCOMB v. DOE

32 S.W.3d 840 (2000)

Cassandra Lynn LIPSCOMB v. John DOE.

Supreme Court of Tennessee, at Jackson.

November 30, 2000.

Attorney(s) appearing for the Case

A. Wilson Wages, Millington, TN, for appellant, Cassandra Lynn Lipscomb.

Fred P. Wilson, Memphis, TN, and Stuart A. Wilson, Memphis, TN, for appellee, Amerisure Companies.

John A. Day, Nashville, TN, and John D. Wood, Nashville, TN, for amicus curiae, Tennessee Trial Lawyers Association.

OPINION

BARKER, J.,

delivered the opinion of the court, in which, ANDERSON, C.J., and BIRCH, J., joined.

The primary issue in this case is whether a plaintiff properly initiates suit pursuant to the "John Doe" provisions of the uninsured motorist statutes when (1) the plaintiff is aware that the driver of the other vehicle is one of several persons, but (2) the plaintiff does not actually know which of the other possible drivers was responsible for...

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