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EATON v. McLAIN

891 S.W.2d 587 (1994)

Pauline EATON, Plaintiff-Appellant, v. James McLAIN and wife, Tammy McLain, Defendants-Appellees.

Supreme Court of Tennessee, at Knoxville.

Petition to Rehear November 9, 1994.

Rehearing Denied January 17, 1995.

Attorney(s) appearing for the Case

John S. Bingham, Hawkins, Moody, Bingham, Miller & Associates, Kingsport, for plaintiff-appellant.

James W. Harrison, Taylor, Reams, Tilson, & Harrison, Morristown, for defendants-appellees.

OPINION

DROWOTA, Justice.

In this premises liability action, the plaintiff Pauline Eaton appeals from the Court of Appeals' reversal of a judgment in her favor based on a jury verdict. In its verdict, the jury found that the negligence of both plaintiff and defendants, James and Tammy McLain, contributed to the plaintiff's injuries; and it allocated 40% of the total negligence to Eaton and 60% to the McLains. This case presents two issues for our...

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