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BURROUGHS v. MAGEE

118 S.W.3d 323 (2003)

Judy C. BURROUGHS, Individually and as Surviving Spouse and Personal Representative of the Estate of Harold L. Burroughs, Deceased v. Robert W. MAGEE, M.D.

Supreme Court of Tennessee, at Jackson.

October 1, 2003.

Order on Rehearing October 28, 2003.

Attorney(s) appearing for the Case

J. Houston Gordon, Lyle Reid, and Jason G. Whitworth, Covington, Tennessee, for the Appellant, Judy C. Burroughs.

Hubert B. Jones and Gary H. Nichols, Dyersburg, Tennessee, for the Appellee, Robert W. Magee, M.D.

David L. Steed and Bryan K. Williams, Nashville, Tennessee, for the Amicus Curiae, Tennessee Medical Association.

April 2003 Session Heard at Dyersburg.

OPINION

WILLIAM M. BARKER, J., delivered the opinion of the court, in which FRANK F. DROWOTA, III, C.J., and ADOLPHO A. BIRCH, JR., J., joined. E. RILEY ANDERSON, J., filed a concurring and dissenting opinion. JANICE M. HOLDER, J., filed a concurring and dissenting opinion.

This is an action for damages for personal injury and wrongful death resulting from an automobile accident in which the plaintiff was injured...

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