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SCHULTZ v. DAVIS

No. 05-6382.

495 F.3d 289 (2007)

Maryann SCHULTZ; James Schultz, Plaintiffs-Appellants, v. Diane DAVIS; Evelyn Lindamood, Defendants, Smoky Mountain Materials, Inc.; Frank Carter, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 23, 2007.

Attorney(s) appearing for the Case

ARGUED: Timothy W. McAfee, McAfee Law Firm, Norton, Virginia, for Appellants. Charles G. Taylor III, McDonald, Levy, Taylor & Crotwell, Knoxville, Tennessee, Joseph Lyle, Hale, Lyle & Russell, Bristol, Tennessee, for Appellees. ON BRIEF: Timothy W. McAfee, McAfee Law Firm, Norton, Virginia, for Appellants. Charles G. Taylor III, McDonald, Levy, Taylor & Crotwell, Knoxville, Tennessee, Joseph Lyle, Hale, Lyle & Russell, Bristol, Tennessee, for Appellees.

Before: KENNEDY and GIBBONS, Circuit Judges; ALDRICH, District Judge.

OPINION

ANN ALDRICH, District Judge.

The petitioners, Maryann Schultz and James Schultz (collectively hereinafter "the Schultzes"), seek reversal of the district court opinion granting Smoky Mountain Materials, Inc.'s ("Smoky") motion to dismiss, and Frank Carter's ("Carter") motion for summary judgment. Because the applicable statute of limitations bars the Schultzes' personal injury claims, and T.C.A. § 20-1-119 is not applicable to the facts of this...

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