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AUSTIN v. STATE

796 S.W.2d 449 (1990)

Emmy AUSTIN and William L. Austin, Sr., As Next of Kin of William L. Austin, Jr., Deceased, Plaintiffs-Appellees, v. STATE of Tennessee, Defendant-Appellant.

Supreme Court of Tennessee, at Jackson.

July 30, 1990.

Attorney(s) appearing for the Case

Philip E. Mischke, McDonnell, Boyd, Smith & Solmson, Memphis, for plaintiffs-appellees.

Charles W. Burson, Atty. Gen. & Reporter, Kevin Steiling, Asst. Atty. Gen., Nashville, for defendant-appellant.

OPINION

FONES, Justice.

This claim against the State of Tennessee is for the wrongful death of William L. Austin, Jr. The trial judge granted plaintiff's motion for summary judgment and awarded the maximum recovery against the State of $300,000. The Court of Appeals affirmed the trial court on the issue of jurisdiction, pursuant to T.C.A. § 9-8-307(a)(1)(I), but held that summary judgment on the issue of negligence was inappropriate and remanded for...

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