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VOLZ v. LEDES

895 S.W.2d 677 (1995)

Charles VOLZ and Barbara Volz, Plaintiffs-Appellees-Appellants, v. Claude P. LEDES, M.D., Defendant-Appellant-Appellee.

Supreme Court of Tennessee, at Jackson.

January 17, 1995.

Attorney(s) appearing for the Case

Gary K. Smith, Archie Sanders, Memphis, for defendant-appellant.

Tennessee Trial Lawyers Assoc., John A. Day, James O. Lockard, Nashville, amicus curiae, for appellant.

R. Sadler Bailey, Robert Banks, Memphis, for plaintiffs-appellants.

Tennessee Defense Lawyers Assoc., Robert V. Redding, Jackson, for amicus curiae.

OPINION

O'BRIEN, Chief Justice.

This is an appeal from a ruling of the intermediate appellate court reversing a $3,000,000 jury award to the plaintiffs for the wrongful death of their adult son, Robert Volz, caused by medical negligence. The jury apportioned liability at 10 percent negligence to Volz himself; 45 percent to the negligence of an out-of-state, non-party physician who first treated Volz; and 45 percent negligence to defendant Claude P...

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