IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE KATHY GORDON v. BY-LO MARKETS, INC., DBA BY-LO #10 Appeal from the Circuit Court for Grainger County No. 8368-111 Rex Henry Ogle, Judge

No. E2009-02436-COA-R3-CV - FILED OCTOBER 5, 2010

C HARLES D. S USANO, JR., concurring.

I concur in the result reached by the majority opinion.

_______________________________ CHARLES D. SUSANO, JR., JUDGE