TBALink Opinion-Flash

February 17, 1998 -- Volume #4 -- Number #031

Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.

This Issue (IN THIS ORDER):
02-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
00-New Opinons From TCA
00-New Opinons From TCCA

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George Dean
TBALink Chief Editor


DOUGLAS E. SAMUELSON, AS THE        
NATURAL FATHER AND PERSONAL     
REPRESENTATIVE OF KEVIN L.      
SAMUELSON
vs.
CECIL E. McMURTRY, M.D., WILLIAM    
A. HOLLAND, JR., M.D., H.C.A.   
HEALTH SERVICES OF TENNESSEE, INC.,
d/b/a DONELSON HOSPITAL EMERGICARE,
INC.
and                                                     
MARK S. TOTTY, INDIVIDUALLY AND
d/b/a MARK S. TOTTY, D.C., P.C.

Court:TSC

Attorneys:

For Plaintiff-Appellant:            For Defendant-Appellee:

Joe Bednarz                         Alfred H. Knight
Law Offices of Joe Bednarz          Roger T. May
Nashville                           W. Reese Willis, III
                                    Willis & Knight
                                    Nashville                         

Judge:REID

First Paragraph:

This is a medical malpractice case, which began as a suit against
several defendants, only one of whom, Mark S. Totty, is before the
Court on appeal.  In a divided opinion, the Court of Appeals sustained
the defendant's pleas of res adjudicata and collateral estoppel and
pretermitted all other issues.  The dissenting judge would have found
that the trial court erred in severing and dismissing the plaintiff's
claim against the defendant Totty and would have remanded the case for
retrial.  This Court finds that the trial court erred but the
determinative issues were not preserved on appeal.  Consequently, the
judgment dismissing the suit is affirmed.

URL:http://www.tba.org/tba_files/TSC/samuelso_opn.WP6
Opinion-Flash

DONALD R. SHADRICK and wife,    
VALERIE SHADRICK 
vs.
WESLEY L. COKER, M.D.

Court:TSC

Attorneys:

For Plaintiffs-Appellees:               For Defendant-Appellant:

G. Thomas Nebel                         Robert T. Trentham
John B. Carlson                         G. Brian Jackson
Williams/Nebel & Associates, P.C.       Trabue, Sturdivant & Dewitt
Nashville                               Nashville
    
For Amici Curiae, American Medical
Association and Tennessee Medical
Association:

Sam B. Blair, Jr.
Baker, Donelson, Bearman & Caldwell
Memphis
                          
Judge:DROWOTA

First Paragraph:

In this lack of informed consent medical malpractice action, the
defendant, Wesley L. Coker, M.D., appeals from the Court of Appeals'
reversal of summary judgment entered by the trial court in his favor
based on the expiration of the applicable statute of limitations and
statute of repose.  The issue for our determination is whether the
claims of the plaintiffs, Donald Shadrick and Valerie Shadrick, are
barred by the one-year statute of limitations or the three-year
statute of repose for medical malpractice actions.  See Tenn. Code
Ann. S 29-26-116.  After carefully examining the record before us and
considering the relevant authorities, we conclude that disputed issues
of material fact exist regarding (1) when the statute of limitations
began to run and, (2)  whether the fraudulent concealment exception to
the statute of repose applies.  Accordingly, for the reasons explained
hereafter, we affirm the decision of the Court of Appeals to reverse
the trial court's grant of summary judgment to the defendant.

URL:http://www.tba.org/tba_files/TSC/shadrick_opn.WP6
Opinion-Flash

CARL W. SIDES
vs.
INSURANCE COMPANY OF NORTH  
AMERICA

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellant:                  For the Appellee:

F. R. Evans, Esq.                   Ralph Brown
Milligan, Barry, Hensley & Evans    Clint J. Woodfin
800 First Tennessee Building        Ralph Brown & Associates
Chattanooga, TN  37402              412 Executive Tower Drive
                                    Executive Tower II, Ste 304 
                                    Knoxville, TN 37923
                         
Judge:BYERS

First Paragraph:

The plaintiff filed this suit and alleged he had sustained permanent
impairment to his eyes as the result of an injury in the course of his
employment with the defendant.

URL:http://www.tba.org/tba_files/TSC_WCP/sideswco_wpd.WP6

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