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Thursday, July 23, 2009

Medical Malpractice: Summary Judgment for Defendants Reversed on Appeal

The Western Section of the Tennessee Court of Appeals just released its opinion in Nabors v. Adams, No. W2008-02418-COA-R3-CV (Tenn. Ct. App. July 23, 2009). The trial court granted the defendants' motion for summary judgment due to the plaintiff's expert's unfamiliarity with the Memphis, Tennessee medical community (as was required by the locality rule) during his deposition. The plaintiff moved to amend the trial court's judgment under Rule 59.04 of the Tennessee Rules of Civil Procedure with a curative affidavit from her expert, which was denied by the trial court. The appeal followed.

The Court of Appeals held that the affidavit cured the problems with the plaintiff's expert's testimony and that the trial court abused its discretion in not reversing the grant of summary judgment to the defendants.

Here's a link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/093/Samantha%20Nabors%20v%20William%20M%20Adams,%20MD%20OPN.pdf

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