New Health Care Liability Action Opinion: Jury Verdict for the Defense Upheld on Appeal

The Court of Appeals of Tennessee recently released its second opinion in Davis v. Ellis, No. W2024-01467-COA-R3-CV (Tenn. Ct. App. Nov. 26, 2025). The syllabus from the slip opinion reads:

This is the second appeal in this healthcare liability matter. The plaintiff first appealed from the trial court’s grant of summary judgment to the defendant physician. This court reversed that judgment in 2020. Upon remand, a trial before a jury resulted in a defense verdict. The plaintiff again appeals. We affirm.

Here is a link to the opinion: <https://tinyurl.com/4mdvvxhz>.

NOTE: This opinion touches upon many aspects of a jury trial and an appeal therefrom. For example, it addresses the standard of review on an appeal from a jury verdict; a trial judge's function as the thirteenth juror; errata sheets; evidentiary issues; expert witness disclosures under Rule 26 of the Tennessee Rules of Civil Procedure; jury instructions; and awards of discretionary costs. This is a must-read opinion for any Tennessee trial lawyer—especially one who handles health care liability actions (f/k/a medical malpractice cases).

This appeal is the second one in this case. The first one is addressed in a prior blog post that can be viewed at this link, to wit: <https://tinyurl.com/y94mzd8w>.