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RUTHERFORD v. POLAR TANK TRAILER, INC.

978 S.W.2d 102 (1998)

Steven Allen RUTHERFORD and Michael Rutherford, Plaintiffs-Appellants, and Liberty Mutual Insurance Company, Intervening Plaintiff-Appellant, v. POLAR TANK TRAILER, INC., A.P.A.C. Tennessee, Inc., Harrison Construction Company, Inc., et al., Defendants-Appellees.

Court of Appeals of Tennessee, Eastern Section, at Knoxville.

Permission to Appeal Denied September 14, 1998.

Attorney(s) appearing for the Case

Byron D. Bryant, Knoxville, for Plaintiffs-Appellants.

Gerald L. Gulley, Jr., Baker, McReynolds, Byrne, O'Kane, Shea & Townsend, Knoxville, for Intervening Plaintiff-Appellant.

Jay Arthur Garrison, Kennerly, Montgomery & Finley, P.C., Knoxville, for Defendant-Appellee, Polar Tank Trailer, Inc.

Permission to Appeal Denied by Supreme Court September 14, 1998.

OPINION

FRANKS, Judge.

In this products liability action the defendant was granted summary judgment and plaintiffs have appealed.

The injuries occurred on July 15, 1993, when plaintiff Michael Rutherford, a truck driver for Shore Truck Lines ("Shore") was delivering molten asphalt to a division of A.P.A.C.-Tennessee ("APAC") in Hayesville, North Carolina. The asphalt was transported...

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