The Tennessee Court of Appeals has released its opinion in Bowen v. Nelson, No. W2024-00749-COA-R3-CV (Tenn. Ct. App. May 27, 2025). The syllabus reads:
Plaintiff appeals the trial court’s decision to exclude the testimony of her proffered expert for failure to comply with the locality rule. Plaintiff also appeals the grant of summary of judgment based on the exclusion of that expert. Finding the trial court did not abuse its discretion in excluding the testimony, we affirm that ruling. Additionally, we affirm the trial court’s decision to grant summary judgment as the excluded testimony was the only evidence offered regarding the applicable standard of care.
Here is a link to the slip opinion: BowenGladysClaireOPN.pdf.
NOTE: This opinion offers a good discussion of the locality rule that applies to expert witnesses in a health care liability action as codified in Tenn. Code Ann. sec. 29-26-115(a)(1).
