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HAM v. HOSPITAL OF MORRISTOWN, INC.

No. 3:94-cv-172.

917 F.Supp. 531 (1995)

Desiree Levon HAM, a minor, b/n/f Daisy Nadine Ham, et al., Plaintiffs v. HOSPITAL OF MORRISTOWN, INC., d/b/a Lakeway Regional Hospital, et al., Defendants.

United States District Court, E.D. Tennessee, Northern Division.

July 21, 1995.

Attorney(s) appearing for the Case

J.D. Lee, Knoxville, TN, for Plaintiffs.

James W. Harrison, Taylor, Reams, Tilson & Harrison, Morristown, TN, G.P. Gaby, Milligan & Coleman, Greeneville, TN, and Douglas L. Dutton, Hodges, Doughty & Carson, Knoxville, TN, for Defendants.

MEMORANDUM OPINION

JARVIS, Chief Judge.

This diversity action is based upon several negligence theories, all of which have their genesis in Tennessee Code Annotated § 37-1-401, et seq., entitled "Mandatory Child Abuse Reports". More specifically, plaintiffs allege that this statutory scheme establishes certain duties by physicians and other hospital personnel which defendants breached by: (1) negligently failing to recognize the minor...

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