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VALENCIA v. FREELAND AND LEMM CONST. CO.

108 S.W.3d 239 (2003)

Mario VALENCIA, Next of Kin and Heir at Law of Francisco Valencia, Deceased, v. FREELAND AND LEMM CONSTRUCTION COMPANY.

Supreme Court of Tennessee, at Jackson.

June 24, 2003.

Attorney(s) appearing for the Case

Bruce S. Kramer and Scott A. Kramer, Memphis, Tennessee, for the appellant, Mario Valencia.

James F. Eggleston, David Wade, and Stephen W. Vescovo, Memphis, Tennessee, for the appellee, Freeland and Lemm Construction Company.

R. Sadler Bailey and Andrew C. Clarke, Memphis, Tennessee, for the Amicus Curiae, Tennessee Trial Lawyers Association.

OPINION

ADOLPHO A. BIRCH, JR., J., delivered the opinion of the court, in which FRANK F. DROWOTA, III, C.J., and E. RILEY ANDERSON, JANICE M. HOLDER, and WILLIAM M. BARKER, JJ., joined.

The plaintiff, as next friend of Francisco Valencia, filed two causes of action against Valencia's employer, the defendant, Freeland and Lemm Construction Company. The first is an action in tort alleging that the employer acted with "substantial certainty" in causing Valencia...

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