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SEFFERNICK v. SAINT THOMAS HOSP.

969 S.W.2d 391 (1998)

Matthew SEFFERNICK, Plaintiff-Appellee, v. SAINT THOMAS HOSPITAL and Barry E. Yarbrough, M.D., Defendants-Appellants.

Supreme Court of Tennessee, at Nashville.

May 11, 1998.

Attorney(s) appearing for the Case

C.J. Gideon, Jr., Shirley A. Irwin, Nashville, for Appellants.

Roger L. Gilbert Knoxville, for Appellee.

OPINION

HOLDER, Justice.

We granted this appeal to decide whether the trial court erred in relying on excerpts of a deposition when striking the affidavit of the plaintiff's expert. The Court of Appeals held that the depositional excerpts could not "be considered as evidence" because they "contain[ed] no affidavit as required by T.R.C.P. Rules 30.03 and 56.05." We reverse the appellate court's dismissal finding: (1) that the issue was waived; (2) that Tenn...

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