Dellinger v. Pierce

FARMER, Judge.

Plaintiff, Michael Keith Dellinger, by and through his parents, Lloyd Dellinger and Jamie Retha Dellinger, appeals from the order of the trial court granting summary judgment in favor of the Defendant, Earl Curtis, Jr.

On a Friday night in June 1988 Plaintiff, while still a minor, was criminally assaulted by Raymond Todd Pierce, also a minor, in the lobby of the Luez theater in Bolivar, Tennessee. The theater was showing a double feature that night, and the assault occurred during intermission. Defendant, the operator of the theater, indicated that normally three persons were…