MICHAEL L. BERVOETS, LOUIS BERVOETS and MARIE BERVOETS, Plaintiffs, v. HARDY RALLS PONTIAC-OLDS, INC., JA-COR COMPANY, HARDY RALLS PONTIAC OLDS, INC., Defendants, AND LEE M. JACKSON, P.V. JACKSON, III and COLE F. JACKSON, Defendants/Third-Party Plaintiffs/Appellees, v. ADANAC, INC., d/b/a CACTUS JACK'S, Third-Party Defendant/Appellant., 1993 Tenn. App. LEXIS 600

Summary

The vehicle driver filed a third-party complaint against the bar owner after settling the underlying personal injury suit. The bar owner sought to dismiss the action, claiming that the driver had failed to state a claim upon which relief could be granted because joint and several liability along with the remedy of contribution as set out under the Act was eliminated or abolished by a recent Tennessee Supreme Court decision. On appeal, the court held that as a result of that decision, the Act had not been totally abolished, repealed, or found to be unconstitutional. Second, the principles set out in the decision were to be applied prospectively. Third, the court held that upon remand the vehicle driver's third-party claim against the bar owner was to be tried and determined in accordance with the provisions of the Act as written and in accordance with legal principles that existed prior to the decision.