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DOE v. LINDER CONST. CO., INC.

845 S.W.2d 173 (1992)

Jane DOE, Plaintiff-Appellee, v. LINDER CONSTRUCTION COMPANY, INC., Linder Realty Company, Inc., Elwood Carpenter and Pattie Rollins, Defendants-Appellants, and Robert Linder, Linder Development Company and Idlewild Court Homeowners' Association, a.k.a. and d/b/a Idlewild Court Homeowners' Association, Defendants.

Supreme Court of Tennessee, at Nashville.

December 21, 1992.

Attorney(s) appearing for the Case

Daniel B. Eisenstein, Niles S. Nimmo, Nashville, for plaintiff-appellee.

Douglas Fisher, Thomas Pinckney, Nashville, for defendants-appellants.

OPINION

REID, Chief Justice.

This negligence action results from the rape of the plaintiff-appellee by two men who are not parties to the suit. The trial court granted the defendants-appellants' motion for summary judgment, and the Court of Appeals reversed and remanded for a jury trial.

The complaint charges that the defendants negligently allowed a key to the plaintiff's residence to be stolen by other parties who, thereby, gained access to her...

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