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FERGUSON v. BROWN

No. M2007-02590-COA-R3-CV

291 S.W.3d 381 (2008)

O. William FERGUSON, Sr. v. J. Clifford BROWN, D.C.

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

October 21, 2008.

Permission to Appeal Denied by Supreme Court April 27, 2009.

Published Pursuant to Tenn. R. S. Ct. 4(D).

Attorney(s) appearing for the Case

Thomas F. Bloom and Niles S. Nimmo, Nashville, Tennessee, for the appellant, 0. William Ferguson.

John F. Floyd and Mandy Langford, Nashville, Tennessee, for the appellee, J. Clifford Brown.

OPINION

FRANK G. CLEMENT, JR., J., delivered the opinion of the court, in which ANDY D. BENNETT and RICHARD H. DINKINS, JJ., joined.

The dispositive issue on appeal is whether the trial court abused its discretion by applying an incorrect legal standard in denying Plaintiffs motion to set aside an order summarily dismissing his Complaint. Plaintiff filed this action against his chiropractor alleging injuries due to a violation of the appropriate standard...

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