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Tuesday, February 22, 2011

Medical Malpractice: Summary Judgment for Defendants Vacated; Case Remanded; and Judge Must Recuse Herself

The Court of Appeals recently issued its opinion in Olerud v. Morgan, No. M2010-01248-COA-R3-CV (Tenn. Ct. App. Feb. 18, 2010). Here's the summary from the opinion, to wit:

This is an appeal of a grant of summary judgment to a hospital and physician in a medical malpractice case. Plaintiffs also appeal the denial of their motion that the trial court recuse itself due to the court’s membership on the board of directors of the defendant hospital and the court’s denial of their motion for default judgment based on spoliation of evidence. We reverse.

Here's a link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/111/Gilbert%20Olerud%20v%20Dr%20Walter%20M%20Morgan%20III%20Opn.pdf

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