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MONTGOMERY EX REL. MONTGOMERY v. KALI OREXI

No. E2008-01207-COA-R3-CV.

303 S.W.3d 281 (2009)

Edwina MONTGOMERY ex rel., Thomas M. MONTGOMERY v. KALI OREXI, LLC et al.

Court of Appeals of Tennessee, at Knoxville.

March 27, 2009.

Permission to Appeal Denied by Supreme Court October 19, 2009.

Attorney(s) appearing for the Case

Bryan E. Delius and Richard L. Burnette, Sevierville, Tennessee, for the appellant, Edwina Montgomery.

Dana C. Holloway and Joshua A. Wolfe, Knoxville, Tennessee, for the appellee, Kali Orexi, LLC.

OPINION

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

In this wrongful death action, Edwina Montgomery ("the Plaintiff"), individually and as the surviving spouse of Thomas M. Montgomery ("the Deceased"), brought suit under the Tennessee Dram Shop Act ("the Dram Shop Act" or "the Act"), Tenn. Code Ann. §§ 57-10-101 and 102 (2002). The Plaintiff also sued for...

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