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USHER v. CHARLES BLALOCK & SONS, INC.

No. E2009-00658-COA-R3-CV.

339 S.W.3d 45 (2010)

Reginald Denard USHER, Son of Reginald Smith, Deceased v. CHARLES BLALOCK & SONS, INC. et al.

Court of Appeals of Tennessee, Eastern Section, at Knoxville.

June 30, 2010.

Permission to Appeal Denied by Supreme Court February 17, 2011.

Attorney(s) appearing for the Case

Bo Bruner , Birmingham, Alabama; Sidney W. Gilreath , Bryan L. Capps , and Donna Keene Holt , Knoxville, Tennessee; and Charmaine Nichols , Sevierville, Tennessee; for the appellant, Reginald Denard Usher.

Stephen C. Daves and Frank Q. Vettori , Knoxville, Tennessee, for the appellee, Charles Blalock & Sons, Inc.

Robert E. Cooper, Jr. , Attorney General and Reporter; Michael B. Moore , Solicitor General; and Dawn Jordan , Senior Counsel; Nashville, Tennessee, for the appellee, State of Tennessee.

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.

Reginald Smith ("the Decedent") died when the exposed metal edge of a device known as a "Guardrail Energy-Absorbing Terminal" ("the crash cushion") penetrated the window of the cab of his moving overturned tractor-trailer and cut him nearly in half. His son, Reginald Denard Usher ("the plaintiff"), filed this action...

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