Case No. 3:10-cv-00845.

864 F.Supp.2d 654 (2012)

Tyler SMITH and Sherri Smith as Next Friend to Tanner Smith, Plaintiffs, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant.

United States District Court, M.D. Tennessee, Nashville Division.

February 8, 2012.

Attorney(s) appearing for the Case

David J. Weissman , Hollins, Raybin & Weissman, P.C., James Leroy Weatherly, Jr. , Weatherly, McNally & Dixon, PLC John J. Hollins, Jr. , Hollins, Raybin & Weissman, P.C., Nashville, TN, for Plaintiffs.

Betsy P. Collins , Mobile, AL, James Auman Haltom , Thomas K. Potter, III , Nashville, TN, for Defendant.


ALETA A. TRAUGER, District Judge.

The defendant has filed a Motion for Summary Judgment (Docket No. 37), which the plaintiffs have opposed in part (Docket No. 63), and the defendant has filed a reply (Docket No. 73). For the reasons stated herein, the Motion for Summary Judgment will be granted in part and denied in part.


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