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CALAWAY EX REL. CALAWAY v. SCHUCKER

193 S.W.3d 509 (2005)

Kaitlyn CALAWAY ex rel. Kathleen CALAWAY v. Jodi SCHUCKER, M.D.

Supreme Court of Tennessee, at Nashville.

December 9, 2005.

As Amended on Grant of Rehearing in Part February 21, 2006.

Attorney(s) appearing for the Case

Carroll C. Johnson, III, and Timothy Holton, Memphis, Tennessee, for the appellant, Kaitlyn Calaway, ex rel. Kathleen Calaway.

Darrell E. Baker, Jr., David Shaw Sadlow, and Deborah Whitt, Memphis, Tennessee, for the appellee, Jodi Schucker, M.D.

Craig P. Sanders and Marty R. Phillips, Jackson, Tennessee, for Amicus Curiae, Tennessee Medical Association.

John A. Day, Brentwood, Tennessee, for Amicus Curiae, Tennessee Trial Lawyers Association.

OPINION

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

Pursuant to Rule 23, we accepted four certified questions of law from the United States District Court for the Western District of Tennessee. The third certified question is the central...

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