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MARR v. MONTGOMERY ELEVATOR CO.

922 S.W.2d 526 (1995)

Steven Middleton MARR, and Mariam Doris Marr, Individually and as surviving parents and next of kin of Taten Creed Marr, deceased, Plaintiffs-Appellants, v. MONTGOMERY ELEVATOR COMPANY, Defendant-Appellee.

Court of Appeals of Tennessee, Eastern Section.

Permission to Appeal Denied May 28, 1996.

Attorney(s) appearing for the Case

Robert E. Pryer and Mark E. Floyd, Pryor, Flynn, Priest & Harber, Knoxville, for Plaintiffs-Appellants.

Jack B. Draper, Arnett, Draper & Hagood, Knoxville, for Defendant-Appellee.

Permission to Appeal Denied by Supreme Court May 28, 1996.

OPINION

FRANKS, Judge.

In this wrongful death action, the defendant Montgomery Elevator Company, had a maintenance and service agreement upon the elevator system for The Space Needle and Arcade in Gatlinburg, Tennessee at the time the deceased was fatally injured by a fall into the hoistway of an observation elevator.

Defendant's motion for summary judgment was granted and...

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