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Tamara E. Lowe, Administrator of the Estate of Terry Allen Lowe, Deceased, v. Gransville Simpson, and wife, Judy Simpson

X2010-0000-XX-X00-XX

This is a wrongful death action. On April 28, 1998, Cynthia Low Armes ("Sister"), the sister of the late Terry Allen Lowe ("decedent"), instituted this action against Granville Simpson ("Granville") and his wife, Judy Simpson ("Judy"), (collectively, "the Simpsons"), alleging that the Simpsons were negligent in allowing three men, including Granville, to go armed on the Simpson's premises on December 10, 1995, and that their negligence directly contributed to the shooting death of the decedent. The trial court granted the Simpsons summary judgment on the ground that the complain was not filed within the applicable one-year statute of limitations. Sister appeals, raising the following issue for our consideration: Did the trial court err in holding that Sister was aware of the injury and the cause of action on December 10, 1995, and therefore her action was barred by the statute of limitations?

 

Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Judge Russell E. Simmons, Jr.
Morgan County Court of Appeals
M2001-01866-CCA-R3-DD

M2001-01866-CCA-R3-DD
Supreme Court
01C01-9606-CR-00230

01C01-9606-CR-00230
Supreme Court