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eBook details

• Title: Fanchetter Ennix and Russell Ennix V.
• Author : Supreme Court of Tennessee
• Release Date : January 21, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

ROBERT E. COOPER, Justice This action arose out of the collision of three vehicles on Interstate 40, and involved numerous claims, counterclaims, and cross-claims among those involved. The trial Judge, over objection, ordered that this trial be bifurcated and the evidence limited to the issues of liability only and that the cause be submitted to the jury on the issue of liability only in each case, then, should the jury find liability in any case and for any plaintiff, the damage aspects of the respective case will be submitted immediately to the same jury for a determination . . . . . A verdict was returned for all the defendants on the issue of liability, and Fanchetter Ennix and her husband, Russell, appealed. The Court of Appeals ordered a new trial after concluding that the trial court's action had deprived the appellants of their constitutional right to have all controverted issues of fact submitted to the jury at the same time. See Harbison v. Briggs Bros. Paint Mfg. Co., 209 Tenn. 534, 354 S.W.2d 464 (1962). The court also held that the trial court erred in three rulings excluding relevant evidence which was material to the determination of liability. While we concur in the Court of Appeals' holdings on the evidentiary issues, and in its decision to order a new trial, we granted the defendants' application for permission to appeal to express disapproval of the constitutional basis upon which the bifurcation of issues was held improper. We hold that no constitutional right exists for a litigant to have all controverted factual issues submitted to the jury at the same time, and we decline to further follow the holding of Harbison v. Briggs Bros. (supra) .

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