Goss v. Hutchins

751 S.W.2d 821 (1988)

Hazel GOSS, Appellant,

v.

John E. HUTCHINS, Executor of the Estate of A. Myrtle Hutchins, Appellee.

Supreme Court of Tennessee, at Knoxville.

March 28, 1988.

Rehearing Denied May 31, 1988.

John Ben Pectol, Dayton, for appellant.

Gary N. Fritts, Dayton, Mark A. Ramsey, Spears, Moore, Rebman & Williams, Chattanooga, for appellee.

OPINION

FONES, Justice.

This tort case was brought after plaintiff non-suited a prior action. The trial court denied defendant's motion for summary judgment based on the contention that the personal representative of the Estate of Annie Hutchins had not been…