Markina Westmoreland, et al. v. William L. Bacon, M.D., et al.

The Tennessee Supreme Court remanded this case to us for consideration in light of its opinion in Shipley v. Williams. In the original appeal of this medical malpractice case, this court affirmed the trial court’s grant of summary judgment to the defendants on the basis that the plaintiff’s only expert witness was not competent to testify pursuant to the Tennessee Medical Malpractice Act, Tenn. Code Ann. § 29-26-115. On remand we conclude the trial court erred in ruling that the plaintiffs’ expert was not competent to testify and consequently, the plaintiffs created genuine issues of material fact, making summary judgment for defendants inappropriate. We reverse the grant of summary judgment and remand the case back to the trial court for further proceedings.