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KING v. ROSS COAL CO., INC.

684 S.W.2d 617 (1984)

Gorman Donald KING and Edlene King, Plaintiffs-Appellants, v. ROSS COAL COMPANY, INC., Russell H. Wilson, and Charles C. Ross, individually and as partners d/b/a Ross Coal Company, and Robert L. Wilson, Defendants-Appellees.

Court of Appeals of Tennessee, Eastern Section, at Knoxville.

Permission to Appeal Denied October 10, 1984.

Attorney(s) appearing for the Case

Charles B. Lewis of Morton, Lewis, King & Krieg, Knoxville, for plaintiffs-appellants.

Earl F. Layman of Key, Lee & Layman, Knoxville, for defendants-appellees.

Permission to Appeal Denied by Supreme Court October 10, 1984.

MATHERNE, Retired Judge

While operating a drill in the defendant's strip mining operation, the plaintiff, Gorman Donald King, was seriously and permanently injured when a huge rock fell on him. The plaintiff sues his employer in a common law action alleging that the incident which resulted in his injuries was not an "accident" as contemplated by the Tennessee Workers' Compensation Law but was an...

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