SUPREME COURT OPINIONS

Joseph Carl Owens v. Truckstops of America, Truckstops of America, Inc. v. B. Michael Design, Inc. and Vitro Products, Inc. - Dissenting
01S01-9408-CV-00077
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: Judge Marietta M. Shipley

Based on the plaintiff's expectations at the time he filed this lawsuit in 1988, I agree with the majority that, in this transition case, it is reasonable to permit the plaintiff to recover from the defendants that he named in his complaint ("Truckstops") all of his damages that were proximately caused by Truckstops and that were not attributable to the plaintiff's own fault (if any). I also agree with the majority that it is fair in this transition case to permit Truckstops to receive contribution from the parties that were named by Truckstops as third-party defendants. However, I believe that the contribution should be based on the parties' respective percentages of fault, and that this method should apply not only to the negligence claims set forth in the thirdparty complaint, but to the strict products liability claim as well. If liability were thus linked to fault on each claim in the third-party complaint, each defendant (including the third-party defendants) would be liable only for the percentage of the plaintiff's damages that was caused by that defendant's fault, and the doctrine of joint and several liability would have no application.

02S01-9406-CV-00032
02S01-9406-CV-00032

02S01-9502-CR-00019
02S01-9502-CR-00019
Trial Court Judge: H. T. Lockard

03S01-9503-CV-00029
03S01-9503-CV-00029
Trial Court Judge: W. Dale Young

01S01-9502-CV-00029
01S01-9502-CV-00029

01S01-9502-CV-00029
01S01-9502-CV-00029

03S01-9404-CV-00019
03S01-9404-CV-00019

Guy Alexander, Jr., Royce Taylor, and Skyline Apartments Partnership v. Third National Bank
01S01-9411-CV-00147
Authoring Judge: Justice Lyle Reid
Trial Court Judge: Judge Barbara N. Haynes

This case presents for review the decision of the Court of Appeals sustaining the defendant's motion for summary judgment on the ground the suit is barred by the three year statute of limitations. This Court finds the essential cause of action alleged is breach of contract rather than injury to property and, therefore, the applicable limitation period is six years rather than three years.

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Trial Court Judge: Harold Wimberly

03S01-9410-CH-00091
03S01-9410-CH-00091

03S01-9412-CH-00121
03S01-9412-CH-00121
Trial Court Judge: Billy Joe White

03S01-9502-CV-00012
03S01-9502-CV-00012
Trial Court Judge: Robert M. Summitt

01S01-9502-CC-00028
01S01-9502-CC-00028
Trial Court Judge: John A. Turnbull

Harold Richardson v. Tennessee Board of Dentistry - Concurring
01S01-9502-CH-00027
Authoring Judge: Justice Penny J. White
Trial Court Judge: Chancellor C. Allen High

At issue in this appeal by the Board of Dentistry is the validity and constitutionality of a proposed civil penalty against Harold Richardson for practicing dentistry and operating a dental clinic without a license. Also  called into question is the authority of the Davidson County Chancery Court to resolve, on judicial review of an administrative order, constitutional issues that were not addressed in the administrative order. For the reasons that follow, we hold that the Chancery Court has jurisdiction to  consider constitutional issues not addressed in the administrative  proceeding. As a result, the Chancery Court's resolution of those issues in the first Chancery Court proceeding from which Richardson did not appeal, bars consideration of those issues. The judgment of the Court of Appeals is, therefore, reversed, and this matter is remanded to the Board of Dentistry for further proceedings.

01S01-9503-PB-00044
01S01-9503-PB-00044
Trial Court Judge: James R. Everett

Norma Sue Harrison v. James Nesbitt Harrison - Concurring
01S01-9412-CV-00l53
Authoring Judge: Justice Reid
Trial Court Judge: Chancellor Robert E. Corlew, III

This divorce case presents for review the judgment of the Court of Appeals, affirming the trial court, that a one-half undivided interest in a tract of real property is marital property within the meaning of Tenn. Code Ann. § 36- 4-121(b)(1)(B) (1991). This Court finds that the interest is the husband's separate property, not marital property, thus requiring that the Court of Appeals' decision be reversed.

03S01-9411-CV-00110
03S01-9411-CV-00110
Trial Court Judge: W. Dale Young

03S01-9412-CR-00119
03S01-9412-CR-00119

03A01-9401-CV-00032
03A01-9401-CV-00032

03S01-9502-CV-00016
03S01-9502-CV-00016

03S01-9410-CR-00094
03S01-9410-CR-00094
Trial Court Judge: W. Lee Asbury

03S01-9410-CR-00094
03S01-9410-CR-00094

State of Tennessee v. Gregory Adams Valentine
02S01-9410-CC-00070
Authoring Judge: Justice Aldolpho A. Birch, Jr.
Trial Court Judge: Judge Julian P. Guinn

Gregory Adams Valentine was convicted by a jury of unlawful possessoin of a Schedule VI Substance with intent to manufacture, deliever, or sell (a Class E felony) and unlawful possession of drug paraphernalia (a Class A misdemeanor). We granted his application for review pursuant to Rule 11, Tenn. R. Crim. P., in order to determine whether his testimony fulfilled the requirements of Rule 41 (g), Tenn.R.Crim.P., thereby preserving his right to challenge, on appeal, the admission of illegally obtain evidence.

01S01-9403-CH-00026
01S01-9403-CH-00026
Trial Court Judge: Irvin H. Kilcrease, Jr.

02S01-9407-CR-00044
02S01-9407-CR-00044