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GANN v. BURTON

511 S.W.2d 244 (1974)

Terry GANN, b/n/f and father Elmer Gann and Elmer Gann, Appellees, v. Cassie BURTON, Appellant.

Supreme Court of Tennessee.

June 17, 1974.

Attorney(s) appearing for the Case

Atchley, Atchley & Cox, and Bishop, Thomas, Leitner, Mann & Milburn, Chattanooga, for appellant.

Weill, Ellis, Weems & Copeland, Chattanooga, for appellees.

OPINION

LEECH, Special Justice.

Plaintiff, Terry Gann, was struck and severely injured while prudently operating his motorcycle by an automobile driven by defendant, Cassie Burton. The defendant's negligence was the sole and proximate cause of the accident. This action commenced on September 7, 1971 and was subsequently set for trial three times, but each time the trial date was reset because of defendant's physical inability to attend. On December 7, 1972...

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