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DEWALD v. HCA HEALTH SERVICES OF TENNESSEE

No. M2006-02369-SC-R11-CV

251 S.W.3d 423 (2008)

Amanda Lynn DEWALD, et al. v. HCA HEALTH SERVICES OF TENNESSEE, et al.

Supreme Court of Tennessee, at Nashville.

May 6, 2008.

Attorney(s) appearing for the Case

Wm. Kennerly Burger and Rodney M. Scott, Murfreesboro, Tennessee, for the appellants, Amanda Lynn Dewald and Thomas B. Dewald.

Bryan Essary and Christopher A. Vrettos, Nashville, Tennessee, for the appellee, HCA Health Services of Tennessee, Inc., d/b/a/ StoneCrest Medical Center.

OPINION

WILLIAM M. BARKER, C.J., delivered the opinion of the court, in which JANICE M. HOLDER, CORNELIA A. CLARK, and GARY R. WADE, JJ., joined. WILLIAM C. KOCH, JR., J., not participating.

In this medical malpractice appeal, the trial court denied the hospital's motion for summary judgment finding that a factual dispute exists as to whether the hospital may be held vicariously liable for the alleged negligence...

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