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McLEMORE EX REL. McLEMORE v. ELIZABETHTON MEDICAL INVESTORS

No. E2010-01939-COA-R3-CV

389 S.W.3d 764 (2012)

Earl McLEMORE, by and through Jean McLEMORE, as Administratrix of the Estate of Earl McLemore, Deceased for the use and Benefit of the wrongful death beneficiaries of Earl McLemore, v. ELIZABETHTON MEDICAL INVESTORS, LIMITED PARTNERSHIP d/b/a Life Care Center of Elizabethton, et al.

Court of Appeals of Tennessee, Eastern Section, at Knoxville.

June 22, 2012.

Application for Permission to Appeal Denied by Supreme Court December 3, 2012.

Attorney(s) appearing for the Case

Roger W. Dickson , Travis R. McDonough , Robert F. Parsley , Kevin D. Hudson , and Jade D. Dodds , Chattanooga, Tennessee, for the appellants, Elizabethton Medical Investors, Limited Partnership d/b/a Life Care Center of Elizabethton; Elizabethton Medical Investors, LLC; and Life Care Centers of America, Inc.1

M. Chad Trammell , Texarkana, Arkansas, S. Drake Martin , Grayton Beach, Florida, Tony Seaton , Johnson City, Tennessee, and Brian G. Brooks , Greenbrier, Arkansas, for the appellee, Jean McLemore.

OPINION

HERSCHEL PICKENS FRANKS, P.J., delivered the opinion of the Court, in which CHARLES D. SUSANO, JR., J., and D. MICHAEL SWINEY, J., joined.

This is a survivor and wrongful death suit arising out of the alleged neglect and abuse of Earl McLemore while he was a resident in a nursing home, Life Care Center of Elizabethton, which is located in Elizabethton, and is owned and operated by defendants. The suit was filed in the Circuit Court for Carter County...

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