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STOKES v. SMOKY MOUNTAIN AERO, INC.

Civ. No. 3-78-199.

457 F.Supp. 677 (1978)

Shelly Lynn STOKES, a minor b/n/f Dennis Stokes, v. SMOKY MOUNTAIN AERO, INC., and Cessna Aircraft Company.

United States District Court, E. D. Tennessee, N. D.

August 28, 1978.

Attorney(s) appearing for the Case

Sidney W. Gilreath, Knoxville, Tenn., for plaintiff.

Foster D. Arnett, J. W. Baker, Knoxville, Tenn., for defendant.

MEMORANDUM

ROBERT L. TAYLOR, District Judge.

Defendant, Smoky Mountain Aero, Inc., has moved to dismiss so much of plaintiff's complaint as charges defendant with vicarious liability for the alleged negligence of its employee, the pilot of the crashed airplane. The pilot was the husband of the decedent in this case. Under Tennessee law, the plaintiff in a wrongful death action such as this acquires only those rights that the decedent would have had, had...

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