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SAMUELSON v. McMURTRY

962 S.W.2d 473 (1998)

Douglas E. SAMUELSON, as the Natural Father and Personal Representative of Kevin L. Samuelson, Plaintiff-Appellant, v. Cecil E. McMURTRY, M.D., William A. Holland, Jr., M.D., H.C.A. Health Services of Tennessee, Inc., d/b/a Donelson Hospital Emergicare, Inc., Defendants, and Mark S. Totty, Individually and d/b/a Mark S. Totty, D.C., P.C., Defendant-Appellee.

Supreme Court of Tennessee, at Nashville.

February 17, 1998.

Attorney(s) appearing for the Case

Joe Bednarz, Law Offices of Joe Bednarz, Nashville, for Plaintiff-Appellannt.

Alfred H. Knight, Roger T. May, W. Reese Willis, III, Willis & Knight, Nashville, for Defendant-Appellee.

OPINION

REID, Justice.

This is a medical malpractice case, which began as a suit against several defendants, only one of whom, Mark S. Totty, is before the Court on appeal. In a divided opinion, the Court of Appeals sustained the defendant's pleas of res adjudicata and collateral estoppel and pretermitted all other issues. The dissenting judge would have found that the trial court erred in severing and dismissing the plaintiff's claim against...

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