Whitehead v. Toyota Motor Corp.

DROWOTA, Justice.

QUESTIONS CERTIFIED

Pursuant to Rule 23 of the Rules of the Supreme Court of Tennessee, this Court has accepted two questions certified to us by the United States District Court for the Eastern District of Tennessee. The questions are as follows:

1. Whether the affirmative defense of comparative fault can be raised in a products liability action based on strict liability in tort?

2. If the affirmative defense of comparative fault may be raised in a products liability action based upon strict liability in tort, is this defense applicable to an enhanced injury-case where it is…