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Posted by: Landry Butler on Sep 29, 2017

Head Comment: With separate opinion by DINKINS

Court: TN Court of Appeals

Attorneys 1:

Douglas S. Johnston, Jr., Nashville, Tennessee, for the appellant, Patrick R. Miller.

Attorneys 2:

Thomas A. Wiseman III and Kimberly G. Silvus, Nashville, Tennessee, for the appellee, Vanderbilt University.

Judge(s): MCBRAYER

In this health care liability action, after the plaintiff presented his case-in-chief, the trial court granted a directed verdict for the defendant hospital first on the claim for punitive damages and second on all remaining issues. The plaintiff appealed, arguing that the trial court erred: (1) in ruling that he had failed to produce material evidence that a specific agent of the defendant hospital had deviated from the standard of care and that deviation had caused an injury that would not otherwise have occurred; (2) in denying his motion to reopen the proof; and (3) in excluding evidence that he was uninsured. Discerning no reversible error, we affirm the trial court’s decision.