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WATERS v. COKER

229 S.W.3d 682 (2007)

Gilbert WATERS et al. v. Wesley COKER, M.D.

Supreme Court of Tennessee, at Nashville.

June 29, 2007.

Attorney(s) appearing for the Case

Robert L. Trentham and Taylor B. Mayes, Nashville, Tennessee, for the appellant, Wesley Coker, M.D.

Larry D. Ashworth and Richard H. Baston, II, Nashville, Tennessee, for the appellees, Gilbert and Hixie Waters.

Heard at Cookeville.

OPINION

GARY R. WADE, J., delivered the opinion of the Court, in which WILLIAM M. BARKER, C.J., and JANICE M. HOLDER and CORNELIA A. CLARK, JJ. joined.

In a medical malpractice suit filed by the Plaintiffs, Gilbert Waters and his wife, Hixie Waters, against an orthopedic surgeon, Dr. Wesley Coker, the trial court provided a divided jury with a variation of the "dynamite charge." Because the Plaintiffs did not present the issue...

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