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GARDNER v. INSURA PROPERTY & CAS. INS.

956 S.W.2d 1 (1997)

Sharon O. GARDNER, Plaintiff-Appellant, v. INSURA PROPERTY & CASUALTY INSURANCE COMPANY, The City of Chattanooga, A Municipality, and d/b/a The Chattanooga Police Department, and Officer Kevin Smith, Badge # 737, and Ernest Patillo, Defendants-Appellees.

Court of Appeals of Tennessee, Eastern Section.

Rehearing Denied November 10, 1997.

Attorney(s) appearing for the Case

Richard A. Schulman, Scott A. Miller, Spears, Moore, Rebman & Williams, Chattanooga, for Plaintiff-Appellant.

Randall L. Nelson, City Attorney by Phillip A. Noblett, Special Counsel, City Attorney's Office, Chattanooga, for Defendants-Appellees, The City of Chattanooga and Officer Kevin Smith.

OPINION

FRANKS, Judge.

In this action for damages for personal injuries suffered in a motor vehicle accident, the Trial Court granted summary judgment to the City of Chattanooga, Chattanooga Police Department and Officer Kevin Smith. Plaintiff has appealed.

Affidavits and depositions filed with plaintiff's response to defendant's motion to dismiss establish without dispute that on December 24, 1994, Julie Wilson's automobile was struck by...

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