New Health Care Liability Opinion: Trial's Court's Grant of Summary Judgment Reversed on Appeal Due to the Application of Res Ipsa Loquitur

The Tennessee Court of Appeals recently released its opinion in Anderson v. Wang, No. M2018-00184-COA-R3-CV (Tenn. Ct. App. Oct. 5, 2018).  The syllabus from the slip opinion reads as follows:

This is a health care liability case. The trial court granted Appellees’ motion for summary judgment on Appellant’s res ipsa loquitur claim under Tennessee Code Annotated section 29-26-115(c). Appellant appeals. Because Appellant presented sufficient evidence at the summary judgment stage to create a dispute of fact, we reverse the trial court’s grant of summary judgment.

Here is a link to the slip opinion:

http://www.tncourts.gov/sites/default/files/anderson.katherine.opn_.pdf

NOTE: I'm glad my Deuel case helped in this one.  Anderson v. Wang, No. M2018-00184-COA-R3-CV, slip op. at 6–7 (Tenn. Ct. App. Oct. 5, 2018) (citing Deuel v. Surgical Clinic, PLLC,  No. M2009-01551-COA-R3-CV, 2010 WL 3237297, at *10 (Tenn. Ct. App. Aug. 16, 2010)).  In my humble opinion, the Tennessee Court of Appeals got this one right.