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MARSEE v. CSX TRANSP., INC.

No. E2007-00769-COA-R3-CV.

269 S.W.3d 570 (2008)

Ruby MARSEE v. CSX TRANSPORTATION, INC., Lafollette Ambulance Service and Campbell County.

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

March 4, 2008.

Permission to Appeal Denied by Supreme Court September 29, 2008.

Attorney(s) appearing for the Case

Glen B. Rutherford, Knoxville, Tennessee, for appellant.

Keith L. Edmiston, Knoxville, Tennessee, for appellees.

OPINION

HERSCHEL PICKENS FRANKS, P.J., delivered the opinion of the court, in which CHARLES D. SUSANO, JR., J., and D. MICHAEL SWINEY, J., joined.

In this wrongful death action, plaintiff sued the ambulance service for failing to timely transport the deceased to the hospital. The Trial Court, upon hearing the evidence, directed a verdict for the defendants. In a Motion for a New Trial, plaintiff asked the Court to grant a new trial because a material witness...

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