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KELLEY v. MIDDLE TENN. EMERG. PHYSICIANS

236 S.W.3d 708 (2007)

James H. KELLEY, Surviving Spouse of Lillie Donnette Kelley, Deceased, et al., v. MIDDLE TENNESSEE EMERGENCY PHYSICIANS, P.C., et al.

Court of Appeals of Tennessee, Middle Section, at Nashville.

May 8, 2007.

Permission to Appeal Denied September 17, 2007.

Attorney(s) appearing for the Case

Daniel L. Clayton, Nashville, Tennessee, and Steven R. Walker, Memphis, Tennessee, for the appellants, James H. Kelley, Surviving Spouse of Lillie Donnette Kelley, Deceased; Joshlane Rachel Ware, Surviving Minor Daughter of Lillie Donnette Kelley, By and Through Her Next Friend, Jackie White; and Joseph Lovell Ware, Surviving Adult Child of Lillie Donnette Kelley, Deceased.

C.J. Gideon, Jr., and Brian Cummings, Nashville, Tennessee, for the appellees, John Cage, M.D., and Mid-State Cardiology Associates, P.C.

Permission to Appeal Denied by Supreme Court September 17, 2007.

OPINION

FRANK G. CLEMENT, JR., J., delivered the opinion of the court, in which WILLIAM C. KOCH, JR., P.J., M.S., and WILLIAM B. CAIN, J., joined.

The appeal arises from the summary dismissal of a medical malpractice action against a cardiologist and his cardiology group. The decedent's surviving family alleges the decedent's death was the result of medical malpractice. The trial court...

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