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BAKER v. VANDERBILT UNIVERSITY

No. 3-84-0734.

616 F.Supp. 330 (1985)

Betty A. BAKER and husband, Claude L. Baker v. VANDERBILT UNIVERSITY, John Flexner, M.D., and Richard Stein, M.D.

United States District Court, M.D. Tennessee, Nashville Division.

July 23, 1985.

Attorney(s) appearing for the Case

Norman D. Lane, Hildebrand, Nolan, Lane, Underhill, Mondelli & Porter, Nashville, Tenn., Marvin P. Nunley, Owensboro, Ky., for plaintiff.

John S. Bryant, Nancy-Ann E. Min, Bass, Berry & Sims, Nashville, Tenn., for defendant.

MEMORANDUM

HIGGINS, District Judge.

The plaintiffs, Betty A. Baker and Claude L. Baker, have moved this Court for an order declaring the provisions of Tenn. Code Ann. § 29-26-119, abrogating the collateral source rule in medical malpractice cases, to be unconstitutional under both the United States Constitution and the Tennessee Constitution.1 For the reasons set forth in this memorandum, this Court declines to issue such...

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