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WARD v. CITY OF LEBANON

No. M2006-02520-COA-R3-CV.

273 S.W.3d 628 (2008)

Robert A. WARD and wife, Sally Ward, v. CITY OF LEBANON, Tennessee; City of Lebanon Gas Department; James N. Bush Construction, Inc.; Foster Engineering & Energy, Inc.; and Water Management Services, LLC.

Court of Appeals of Tennessee, Middle Section, at Nashville.

April 25, 2008.

Permission to Appeal Denied by Supreme Court October 27, 2008.

Attorney(s) appearing for the Case

Robyn Beale Williams, Nashville, Tennessee, for appellant, City of Lebanon. James C. Wright and Edward U. Babb, Knoxville, Tennessee, for appellant, James N. Bush Construction, Inc.

Jack O. Bellar and Jamie D. Winkler, Carthage, Tennessee, for appellees, Robert A. Ward and Sally Ward.

Robert H. Watson, Jr., and Hanson R. Tipton, Knoxville, Tennessee, for Amicus Curiae Tennessee Municipal League Risk Management Pool. C. Dewey Branstetter, Jr., Nashville, Tennessee for Amicus Curiae Tennessee One Call System, Inc.

OPINION

HERSCHEL PICKENS FRANKS, P.J., delivered the opinion of the Court, in which ANDY BENNETT, J., and JON KERRY BLACKWOOD, SR. J., joined.

Plaintiff, while excavating, struck a gas line which resulted in an explosion and fire, seriously injuring plaintiff. Plaintiffs brought this action against several defendants and the case went to trial against the City of Lebanon and Bush Construction Company, Inc. A jury returned a verdict for the plaintiffs and...

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