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LEMONS v. CLOER

Nos. E2004-02842-COA-R9-CV, E2004-02745-COA-R3-CV.

206 S.W.3d 60 (2006)

Sharon LEMONS, et al. v. Rhonda CLOER, et al. and Jimmy Darrell Silvers, et al. v. Rhonda Cloer, et al.

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

April 28, 2006.

Permission to Appeal Denied August 28, 2006.

Attorney(s) appearing for the Case

Phillip A. Fleissner and Scott N. Davis, Chattanooga, Tennessee; Warren N. Coppedge, Jr., Dalton, Georgia; and William W. Keith, III, Chatsworth, Georgia, for the appellants, Sharon Lemons and Ralph C. Pritchett.

Jerry H. Summers, Chattanooga, Tennessee, and Jack B. McNamee, Birmingham, Alabama, for the appellants, Jimmy Darrell Silvers and Sonya Rimer; Cynthia J. Sluder; Mary Martin; Anita K. Beavers; Jack D. Sherrill; and Sheila G. Sherrill.

Phillip L. Hartley and Martha M. Pearson, Gainesville, Georgia; F. Gregory Melton, Dalton, Georgia; and Randy Sellers, Cleveland, Tennessee, for the appellee, Murray County School District.

Permission to Appeal Denied by Supreme Court August 28, 2006.

OPINION

CHARLES D. SUSANO, JR., J., delivered the opinion of the court, in which HERSCHEL P. FRANKS, P.J., and NORMA McGEE OGLE, Sp. J., joined.

These appeals find their genesis in a collision between a Georgia school bus and a CSX freight train in Polk County, Tennessee, just north of the Georgia state line. As a result of the collision, three children were killed and four others on the...

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