S. W., by Heather Warren and Thomas C. Warren, as his natural parents and next friends v. Baptist Memorial Hospital, et al. - Concur

Case Number
W2014-00621-COA-R10-CV

I concur in the result reached by the majority Opinion that the trial court erred in imposing additional restrictions on Defendants’ counsel with regard to the requested ex parte interviews in this particular case. I write separately, however, to express my concern regarding the implications of this ruling, as fully explained in my separate concurrence in Dean-Hayslett v. Methodist Healthcare, No. W2014-00625-COA-R10-CV, 2015 WL 277114 (Tenn. Ct. App. Jan. 20, 2015) (Stafford, J., concurring). Specifically, I agree with the majority’s interpretation of Tennessee Code Annotated 29-26-121(f), and its holding that the statute, as interpreted, does not authorize the trial court to impose the additional restrictions at issue in this case. However, I have genuine concern that the practical effect of the majority’s holding limits the inherent power of the trial court to both enforce its orders and protect litigants from unfair invasions of their privacy. As such, I must respectfully file this separate concurrence, in reliance on and fully incorporating my concurrence in Dean-Hayslett. See 2014 WL 277114, at *14–*17.

Authoring Judge
Presiding Judge J. Steven Stafford
Originating Judge
Judge Robert L. Childers
Case Name
S. W., by Heather Warren and Thomas C. Warren, as his natural parents and next friends v. Baptist Memorial Hospital, et al. - Concur
Date Filed
Dissent or Concur
No
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