PAM BARNETT v. TENNESSEE ORTHOPAEDIC ALLIANCE ET AL. - Articles

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Posted by: Tanja Trezise on Sep 20, 2012

Court: TN Court of Appeals

Attorneys 1:

Pamela Ann Barnett, Brentwood, Tennessee, Pro Se.

Attorneys 2:

Noel F. Stahl and David L. Johnson, Nashville, Tennessee, for the appellee, Tennessee Orthopaedic Alliance, P.A., and Edward Mackey, M.D.

Judge(s): CLEMENT

This medical malpractice action, which had been pending for several years, was summarily dismissed because the plaintiff did not file a response to the defendants’ motion for summary judgment, the plaintiff’s only expert witness admitted she was not qualified to opine concerning the standard of care at issue, and the statute of limitations had run. Upon motion of the defendants pursuant to Tennessee Rule of Civil Procedure 54.04(2), the trial court awarded the defendants $9,000 in discretionary costs. This appeal followed. We affirm. We have also determined that this appeal is frivolous and remand to the trial court to determine the proper amount of damages pursuant to Tennessee Code Annotated § 27-1-122.

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