Charles W. Ayrhart v. Dewel B. Scruggs

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE January 8, 2004 Session CHARLES W. AYRHART, ET AL., v. DEWEL B. SCRUGGS, ET AL. Appeal from the Circuit Court for Sumner County No. 22110-C C. L. Rogers, Judge No. M2003-00453-COA-R9-CV - Filed September 21, 2004 This is an interlocutory appeal of the trial court’s refusal to grant a summary judgment to the defendants in a negligence case. We find that the defendants have not affirmatively negated an element of this negligence claim and that reasonable minds could differ on the allocation of fault between the parties. Consequently, the…