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WOMACK v. GETTELFINGER

Nos. 84-5613, 84-5614 and 84-5651.

808 F.2d 446 (1986)

Frances Lola WOMACK, Plaintiff-Appellee (84-5613), and James A. Chandler, et al., Plaintiffs-Appellees (84-5614), v. Donald J. GETTELFINGER, et al., Defendants/Third-Party Plaintiffs-Appellants, v. Ronald D. KENNEDY, et al., Third-Party Defendants-Appellees (84-5651).

United States Court of Appeals, Sixth Circuit.

Decided December 29, 1986.

Rehearing and Rehearing Denied February 19, 1987.

Attorney(s) appearing for the Case

Joseph B. Yancey, Knoxville, Tenn., Thomas Lynn Tarpy, Donald K. Vowell, argued, Knoxville, Tenn., for Gettelfinger.

William D. Vines, III, argued, Knoxville, Tenn., James C. Wright, Butler, Vines, Babb & Threadgill, for Womack.

F. Michael Fitzpatrick, argued, Knoxville, Tenn., for Kennedy.

Charles C. Burks, Knoxville, Tenn., for other appellees.

Robert W. Knolton, Oak Ridge, Tenn., for Woods.

Before JONES and NELSON, Circuit Judges, and PECK, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied February 19, 1987.

DAVID A. NELSON, Circuit Judge.

At 6:30 in the morning of October 14, 1983, defendant Charles S. Ritter, a relatively inexperienced truck driver operating a tractor-trailer owned by defendant Gettelfinger Farms, entered a two lane state highway from the driveway of a restaurant in rural Tennessee. The highway ran north-south, and Mr. Ritter approached it from...

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