CINDY PHILLIPS, ET AL. v. RURAL METRO OF TENNESSEE, L.P., ET AL. - Articles

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Posted by: Landry Butler on Oct 30, 2017

Court: TN Court of Appeals

Attorneys 1:

P. Edward Pratt and Andrew J. Droke, Knoxville, Tennessee for the appellants, Rural Metro of Tennessee, L.P.; Rural Metro Corporation; and R/M of Tennessee G.P., Inc.

Attorneys 2:

Stephen Marcum, Huntsville, Tennessee, for the appellant, Johnathan Moore.

Jeffrey H. Glaspie and Gary L. Adkins, Knoxville, Tennessee, for the appellees, Cindy Phillips and Hobart Phillips.

Judge(s): SWINEY

We granted an interlocutory appeal pursuant to Tenn. R. App. P. 9 in this case to consider whether the allegations set forth in the Complaint make this a ‘health care liability action’ as defined by Tenn. Code Ann. § 29-26-101 et seq. (“the Tennessee Health Care Liability Act”) such that the pre-suit notice and certification requirements set forth in Tenn. Code Ann. §§ 29-26-121 and – 122 are applicable. We find and hold that the allegations set forth in the Complaint filed in this case do not make this suit a health care liability action as defined by the Tennessee Health Care Liability Act. We affirm that portion of the judgment of the Circuit Court for Loudon County (“the Trial Court”) finding and holding that the allegations set forth in the Complaint filed in this case do not make this suit a health care liability action as defined by the Tennessee Health Care Liability Act.

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