Health Care Liability Action (f.k.a. Medical Malpractice Action): New Opinion on Contiguous State Rule

The Tennessee Court of Appeals just released its opinion in Gilbert v. Wessels, No. E2013-00255-COA-R10-CV (Tenn. Ct. App. Nov. 18, 2013).  Here is the summary from the opinion:

This Court granted an extraordinary appeal in this health care liability action to determine whether the trial court abused its discretion in declining to waive the contiguous state requirement for a testifying expert witness set forth in Tennessee Code Annotated §29-26-115(b). Discerning no error, we affirm.

Here's a link to the opinion:

http://www.tncourts.gov/sites/default/files/wesselsfinal.pdf