New Health Care Liability Action Opinion: Summary Judgment for Defense Upheld on Appeal Because Plaintiff's Expert Was Not Qualified to Render an Opinion under the Locality Rule

The Tennessee Court of Appeals has issued its opinion in Jackson v. Thibault, No. E2021-00988-COA-R3-CV (Tenn. Ct. App. Oct. 25, 2022). The syllabus from the slip opinion reads:

Plaintiff appeals the trial court’s decision to exclude her proffered expert for failing to comply with the locality rule expressed in Shipley v. Williams, 350 S.W.3d 527 (Tenn. 2011). Plaintiff also appeals the trial court’s decision to grant the defendants’ motion for summary judgment. Discerning no abuse of discretion, we affirm the decision of the trial court to exclude the expert. Additionally, we affirm the grant of summary judgment to defendants. 

Here is the link to the opinion:

https://www.tncourts.gov/sites/default/files/e2021-00988_jackson_v._thibault.pdf.

NOTE: This case offers a good discussion of what it takes for an expert to be able to render an opinion in a health care liability action and the current state of summary judgment practice.