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MATHES v. DRD KNOXVILLE MEDICAL CLINIC

No. E2010-01809-COA-R3-CV.

ALICIA MATHES, ET AL. v. DRD KNOXVILLE MEDICAL CLINIC, ET AL.

Court of Appeals of Tennessee, at Knoxville.

Filed April 13, 2011.

Attorney(s) appearing for the Case

Christopher T. Cain , Knoxville, Tennessee, for the appellants, Alicia Mathes and Scott Mathes .

James G. O'Kane , Knoxville, Tennessee, for the appellees, DRD Knoxville Medical Clinic, Dr. Steven Ritchie , and DRD Knoxville Medical Clinic, Inc.

J. STEVEN STAFFORD, J., delivered the opinion of the Court, in which, DAVID R. FARMER, J., and JOHN W. McCLARTY, J., joined.

OPINION

J. STEVEN STAFFORD, Judge.

This is an appeal from the trial court's grant of separate motions to dismiss for failure to state a claim upon which relief can be granted. The trial court determined that Appellants had failed to comply with the written notice and certificate of good faith requirements of the Tennessee Medical Malpractice Act, and had failed to state a claim for vicarious liability based on theories of agency or joint venture. We affirm...

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