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MITCHELL v. ARCHIBALD

971 S.W.2d 25 (1998)

Calvin E. MITCHELL, Plaintiff/Appellant, v. Wayne ARCHIBALD and Metropolitan Government of Nashville and Davidson County, Defendant/Appellee.

Court of Appeals of Tennessee, at Nashville.

Application for Permission to Appeal Denied July 13, 1998.

Attorney(s) appearing for the Case

Mark M. Mizell, Lloyd T. Kelso & Associates, Nashville, for plaintiff/appellant.

James L. Murphy, III, Director of Law, Lizabeth D. Foster, Metropolitan Attorney, Nashville, for defendant/appellee.

Application for Permission to Appeal Denied by Supreme Court July 13, 1998.

OPINION

KOCH, Judge.

This appeal involves the admissibility of an audio recording of the statement of an eyewitness to an accident involving a bicyclist and a city-owned dump truck. The bicyclist filed suit against the city and the driver of the truck in the Circuit Court for Davidson County. When the only disinterested eyewitness to the accident disclosed during the...

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