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PRATCHER v. METHODIST HEALTHCARE MEMPHIS HOSPITALS

No. W2011-01576-SC-S09-CV

407 S.W.3d 727 (2013)

Eddie C. PRATCHER, Jr. v. METHODIST HEALTHCARE MEMPHIS HOSPITALS et al.

Supreme Court of Tennessee, at Jackson.

June 28, 2013.

Attorney(s) appearing for the Case

Robert A. Talley , Kenneth Shuttleworth , and Jessica M. Hackett , Memphis, Tennessee, for the appellant, Consultants in Anesthesia, Inc.

Randall L. Kinnard and Daniel L. Clayton , Nashville, Tennessee; Steven R. Walker , Oakland, Tennessee, for the appellee, Eddie C. Pratcher, Jr.

OPINION

SHARON G. LEE, J., delivered the opinion of the Court, in which GARY R. WADE, C.J., and JANICE M. HOLDER and CORNELIA A. CLARK, JJ., joined. WILLIAM C. KOCH, JR., J., filed a dissenting opinion.

The primary issue in this interlocutory appeal is whether the Tennessee health care liability statute of repose, Tenn.Code Ann. § 29-26-116(a)(3) (2012) ("the statute of repose"), is an affirmative defense under Tenn. R. Civ. P. 8.03, that is waived...

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