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DIAL v. HARRINGTON

138 S.W.3d 895 (2004)

James DIAL, et al. v. Robert L. HARRINGTON, M.D., et al.

Court of Appeals of Tennessee, at Jackson.

October 29, 2003.

Application for Permission to Appeal Denied March 22, 2004.

Attorney(s) appearing for the Case

Timothy Boxx, Dyersburg, Tennessee, for the appellants, James Dial and wife, Rachel Dial.

Hubert B. Jones and Gary H. Nichols, Dyersburg, Tennessee, for the appellees, Robert L. Harrington, M.D., Jackson Clinic, P.A. and Women's Clinic of Dyersburg.

Application for Permission to Appeal Denied by Supreme Court March 22, 2004.

OPINION

DAVID R. FARMER, J., delivered the opinion of the court, in which ALAN E. HIGHERS, J. and HOLLY M. KIRBY, J., joined.

This is an appeal of the trial court's award of summary judgment to defendants in a medical malpractice action. The trial court held that Rule 32.01(3) of the Tennessee Rules of Civil Procedure prohibits use of an expert discovery deposition taken...

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