HARRIS v. CHERN


33 S.W.3d 741 (2000)

Regina HARRIS, et al. v. Dr. Andrew CHERN, et al.

Supreme Court of Tennessee, at Nashville.

December 8, 2000.


Attorney(s) appearing for the Case

David L. Johnson, Gayle I. Malone, and Jeffrey Zager, Nashville, TN, for the appellant, Baptist Hospital, Inc.

C. Bennett Harrison and Gayle I. Malone, Nashville, TN, for the defendant, Dr. Andrew L. Chern.

Tricia Dennis, Chattanooga, TN, for the appellees, Regina Harris and Ronnie Dale Netherton, Jr.


OPINION

HOLDER, J., delivered the opinion of the court, in which ANDERSON, C.J., and DROWOTA, BIRCH, and BARKER, J.J., joined.

We granted this appeal to determine the standard to be applied in ruling upon a Tenn.R.Civ.P. 54.02 motion to revise a grant of partial summary judgment based upon evidence beyond that which was before the court when the motion was initially granted. For the reasons stated below, we reject the newly discovered evidence rule applied...

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