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JENKINS v. SOUTHLAND CAPITAL CORP.

No. W2007-01180-COA-R3-CV.

301 S.W.3d 268 (2008)

Deborah JENKINS as Personal Representative of the Estate of Malcom Williams, Jr. and in her individual capacity; Malcom Williams, Sr., as Parent and Next Friend of Malcom Williams, Jr. and in his individual capacity; Maria Akpotu as Personal Representative of the Estate of Edgar Akpotu, and in her individual capacity; Carol and James Overzet, Individually and as Parents and Next Friend of Jacob Overzet, a Minor v. SOUTHLAND CAPITAL CORPORATION, Southland Equity Corporation, Terry Lynch and Bradford Farms LLC.

Court of Appeals of Tennessee. Western Section, at Jackson.

September 23, 2008.

Permission to Appeal Denied by Supreme Court September 28, 2009.

Attorney(s) appearing for the Case

Scott A. Frick, Memphis, TN, and Thomas J. Cullen, Jr., Baltimore, MD, for the Appellants.

Pam Warnock Green and Nicholas E. Bragorgos, Memphis, TN, for the Appellees.

OPINION

HOLLY M. KIRBY, J., delivered the opinion of the Court, in which, ALAN E. HIGHERS, P.J., W.S., joined; W. FRANK CRAWFORD, J., did not participate.

This is a consolidated wrongful death and personal injury case. In May 2002, three young boys walking beside the road were struck by a drunken driver in a residential subdivision. Two were killed, the third severely injured. The plaintiffs sued the developers of the subdivision, arguing that the absence...

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