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CARROLL v. WHITNEY

29 S.W.3d 14 (2000)

James CARROLL, et al. v. Carolyn WHITNEY, M.D., et al.

Supreme Court of Tennessee, at Jackson.

October 4, 2000.

Attorney(s) appearing for the Case

Robert L.J. Spence, Jr., Chapman Sellers Morrow, Memphis, for appellants.

Carolyn Whitney, M.D., Grover W. Barnes, M.D., P.C., Thomas R. Prewitt, Robertson M. Leatherman, Parke S. Morris, Memphis, for appellant, LeBonheur Children's Medical Center, Inc.

Carl I. Jacobson, Ross Higman, Memphis, for the appellees. James Carroll, Forestine Carroll, James Carroll, Forestine Carroll, for the use and benefit of the estate of Jessica Renee Carroll, a minor, deceased.

Jerry E. Mitchell, John H. Dotson, Memphis, for Amicus Curiae, UT Medical Group, Inc.

OPINION

BARKER, J., delivered the opinion of the court, in which FRANK F. DROWOTA, III, and ADOLPHO A. BIRCH, Jr., JJ., joined.

This is an appeal from the Circuit Court for Shelby County which allowed a jury, in an action alleging malpractice, to allocate fault to resident physicians who were immune from suit. The Court of Appeals reversed the judgment of the trial court and concluded that the trial court should...

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