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TOLER v. CITY OF COOKEVILLE

952 S.W.2d 831 (1997)

Nathan Jack TOLER, a minor child, b/n/f Shirley Lack and Shirley Lack, next of kin and as Administratrix of the Estate of Nathan Jack Toler, Jr., Plaintiffs/Appellants, v. CITY OF COOKEVILLE, d/b/a Cookeville General Hospital, National Emergency Systems, Inc., d/b/a/ "NES", and Mark Giese, D.O., Individually, and Ray Fuller, M.D., M.D. Individually, and Baptist Convenient Care East, P.C., d/b/a/ Baptist Convenient Care Centers, Inc., Defendants/Appellees.

Court of Appeals of Tennessee, Middle Section, at Nashville.

Permission to Appeal Denied July 14, 1997.

Attorney(s) appearing for the Case

Helen S. Rogers, Nashville, Larry L. Crain, Brentwood, for Plaintiffs/Appellants.

Darrell G. Townsend, Derrick C. Smith, Howell & Fisher, Nashville, for Defendants/Appellees.

Permission to Appeal Denied by Supreme Court July 14, 1997.

LEWIS, Judge.

OPINION

Appellee, Dr. Mark Giese, is one of several defendants involved in a medical malpractice suit arising out of the alleged wrongful death of Nathan Jackson Toler, Jr. The trial court entered an interlocutory order granting summary judgment to Dr. Giese based upon the plaintiffs' failure to properly secure service of...

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