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LUNA v. ST. THOMAS HOSP.

No. M2006-01728-COA-R3-CV.

272 S.W.3d 577 (2007)

Tracy M. LUNA, Individually and as the Surviving Spouse of James D Luna, the Decedent v. ST. THOMAS HOSPITAL.

Court of Appeals of Tennessee, at Nashville.

December 4, 2007.

Application for Permission to Appeal Denied by Supreme Court May 5, 2008.

Attorney(s) appearing for the Case

Joseph Bednarz, Sr. and Joseph Bednarz, Jr., Nashville, Tennessee, for the appellant, Tracy M. Luna.

Robert Shepherd Patterson, Nashville, Tennessee, for the appellee, St. Thomas Hospital.

OPINION

DAVID R. FARMER, J., delivered the opinion of the court, in which ALAN E. HIGHERS, P.J., W.S., and WALTER C. KURTZ, SP. J., joined.

In this medical malpractice action, the trial court awarded summary judgment to defendant hospital on the basis of the statute of limitations. It later denied plaintiff's motion to alter or amend the judgment. Finding that the plaintiff established the existence of a disputed material fact regarding when she should have...

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