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BOREN EX REL. BOREN v. WEEKS

No. M2007-00628-SC-R11-CV

251 S.W.3d 426 (2008)

Marvin M. BOREN ex rel. Dorothy Faye BOREN v. Mark T. WEEKS, M.D., et al.

Supreme Court of Tennessee, at Nashville.

May 6, 2008.

Attorney(s) appearing for the Case

Christopher Kim Thompson, Murfreesboro, Tennessee, for the appellant, Marvin M. Boren.

Bryan Essary and Alan S. Bean, Nashville, Tennessee, for the appellee, River Park Hospital, Inc.

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 of an independent contractor emergency room...

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