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DOWNS EX REL. DOWNS v. BUSH

No. M2005-01498-SC-R11-CV.

263 S.W.3d 812 (2008)

Diane DOWNS ex rel. Ryan Cody DOWNS v. Mark BUSH et al.

Supreme Court of Tennessee, at Nashville.

September 10, 2008.

Attorney(s) appearing for the Case

Donald N. Capparella, Charles P. Yezbak, III, and Amy J. Farrar, Nashville, Tennessee, for the appellant, Diane Downs.

C. Benton Patton and Christopher M. Jones, Nashville, Tennessee, for the appellee, Mark Bush.

W. Bryan Brooks and Alisha M. Toll, Nashville, Tennessee, for the appellee, Ryan F. Britt.

R. Kreis White, Brentwood, Tennessee, for the appellee, Jerry Dane Eller.

Barry L. Howard and Melissa Bradford Muller, Nashville, Tennessee, for the appellee Scott Hurdle.

Samuel R. Anderson, Chattanooga, Tennessee, for the Amicus Curiae, The Property Casualty Insurers Association of America.

WILLIAM M. BARKER, C.J., delivered the opinion of the court, in which CORNELIA A. CLARK and GARY R. WADE, JJ., and FRANK F. DROWOTA, III, SP.J., joined. JANICE M. HOLDER, J., concurring and dissenting.

OPINION

We granted the plaintiff's application for permission to appeal in this wrongful death case to determine whether the trial court properly granted summary judgment to each of the defendants. The Court of Appeals affirmed the grant of summary judgment. Although the parties have raised several issues in this appeal, the central issue is the nature of the legal duty, if any, owed by the defendants to the plaintiff's decedent. The decedent was socializing and...

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