Beverly Gardner v. Saint Thomas Midtown Hospital (Dissent)

Case Number
M2019-02237-SC-R11-CV

This appeal presents issues similar to those in Ultsch v. HTI Memorial Hospital
Corp., No. M2020-00341-SC-R11-CV, ___ S.W.3d ___ (Tenn. 2023). In that case, I
dissented from the result reached by a majority of the Court, which held that provisions of
the statutory scheme commonly referred to as the Health Care Liability Act (“HCLA”)
abrogated the common law vicarious liability principle known as the operation-of-law
exception. I reach the same conclusion here and respectfully dissent from the result
reached by the majority in this case.

Authoring Judge
Justice Jeffrey S. Bivins
Originating Judge
Judge Joseph P. Binkley, Jr.
Date Filed
Dissent or Concur
This is a dissenting opinion
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