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POWELL v. COMMUNITY HEALTH SYSTEMS, INC.

No. E2008-00535-SC-R11-CV.

312 S.W.3d 496 (2010)

Kimberly POWELL v. COMMUNITY HEALTH SYSTEMS, INC. et al.

Supreme Court of Tennessee, at Knoxville.

May 24, 2010.

Attorney(s) appearing for the Case

C.J. Gideon, Jr., Brian P. Manookian, and Heather Piper-Coke, Nashville, Tennessee, for the appellant, National Healthcare of Cleveland, Inc. d/b/a Cleveland Community Hospital.

Grace E. Daniell and James M. Johnson, Chattanooga, Tennessee, for the appellee, Kimberly Powell.

G. Brian Jackson and David L. Johnson, Nashville, Tennessee, for the Amicus Curiae, Tennessee Hospital Association.

OPINION

WILLIAM C. KOCH, JR., J., delivered the opinion of the Court, in which CORNELIA A. CLARK, J., joined. GARY R. WADE, J., filed a separate opinion concurring in part and concurring in the judgment, in which JANICE M. HOLDER, C.J., joined. SHARON G. LEE, J., not participating.

This appeal involves the evidentiary privilege in the Tennessee Peer Review Law of 1967 [Tenn.Code Ann. § 63-6-219 (Supp.2009)]. A former hospital employee filed suit in...

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