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MERCER v. VANDERBILT UNIVERSITY, INC.

134 S.W.3d 121 (2004)

Sally Qualls MERCER, et al. v. VANDERBILT UNIVERSITY, INC., et al.

Supreme Court of Tennessee, at Nashville.

May 3, 2004.

Attorney(s) appearing for the Case

Clinton L. Kelly and F. Dulin Kelly, Hendersonville, Tennessee, for the appellant-plaintiff, Sally Qualls Mercer.

G. Brian Jackson, Robert J. Walker, and Steven E. Anderson, Nashville, Tennessee, for the appellee-defendant, Vanderbilt University, Inc.

Robyn E. Smith and William B. Hubbard, Nashville, Tennessee, for the amicus curiae, Tennessee Hospital Association.

October 3, 2003 Session, Heard at Murfreesboro.1

OPINION

JANICE M. HOLDER, J., delivered the opinion of the court, in which E. RILEY ANDERSON, ADOLPHO A. BIRCH, JR., and WILLIAM M. BARKER, JJ., joined.

We granted this appeal, in part, to determine whether fault was properly assessed against the patient in this medical malpractice action. We overrule Gray v. Ford Motor...

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