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IN THE COURT OF APPEALS OF TENNESSEE
AT JACKSON
October 13, 2009 Session

LaFRANCINE GIBSON, as Surviving Relative and Next Friend of
GEORGIA JONES, Deceased v. METRO COMMUNITY CARE HOME,
INC., ET AL.

Direct Appeal from the Circuit Court for Shelby County
No. CT-002341-06 Rita L. Stotts, Judge

No. W2008-02417-COA-R3-CV - Filed December 15, 2009
The trial court awarded summary judgment to Defendant common carrier, finding that Defendant had no notice that Decedent was mentally incapacitated and holding that Defendant had no duty to assess or probe Decedent in order to discover a latent or non-apparent psychological condition. We affirm.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed; and
Remanded

DAVID R. FARMER, J., delivered the opinion of the court, in which ALAN E. HIGHERS, P.J., W.S., and HOLLY M. KIRBY, J., joined.
Les Jones, R. Porter Feild and Frank B. Thacher, III, Memphis, Tennessee, for the appellant, LaFrancine Gibson.
Christopher S. Campbell and Michael F. Rafferty, Memphis, Tennessee, for the appellees, Yellow Cab Company.
Linda J. Mathis, Memphis, Tennessee, for the Appellee, Wassie W. Wassie.

OPINION
This is an action for personal injury and wrongful death.  Decedent Georgia Jones (Ms. Jones) was an 83-year old resident of Metro Community Care Home (

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Tennessee Law