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HOLDER v. WESTGATE RESORTS LTD.

No. E2009-01312-SC-R11-CV.

356 S.W.3d 373 (2011)

James Q. HOLDER, et al. v. WESTGATE RESORTS LTD.

Supreme Court of Tennessee, at Knoxville.

December 12, 2011.

Attorney(s) appearing for the Case

John M. Lawhorn and Matthew A. Grossman , Knoxville, Tennessee, for the appellant, Westgate Resorts Ltd., a Florida Limited Partnership d/b/a Westgate Smoky Mountain Resort at Gatlinburg.

James H. Ripley , Sevierville, Tennessee, for the appellees, James Q. Holder and Laura C. Holder.

James Bryan Moseley , Nashville, Tennessee, pro se, as amicus curiae.

OPINION

JANICE M. HOLDER, J., delivered the opinion of the Court, in which CORNELIA A. CLARK, C.J., and GARY R. WADE, WILLIAM C. KOCH, JR., and SHARON G. LEE, JJ., joined.

During a trial of the plaintiffs' premises liability claim, the trial court excluded as hearsay a portion of the testimony of the defendant's expert. The expert would have testified that he consulted an authoritative source whose interpretation of the applicable building code was consistent...

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