Case Number
E2010-01809-COA-R3-CV
This is an appeal from the trial court’s grant of separate motions to dismiss for failure to state a claim upon which relief can be granted. The trial court determined that Appellants had failed to comply with the written notice and certificate of good faith requirements of the Tennessee Medical Malpractice Act, and had failed to state a claim for vicarious liability based on theories of agency or joint venture. We affirm in part, reverse in part, and remand, concluding that Appellants’ claims of direct negligence do not sound in medical malpractice, but that Appellants failed to state a claim upon which relief can be granted with respect to vicarious liability based on agency or joint venture.
Originating Judge
Judge Dale C. Workman
Case Name
Alicia Mathes, et al v. DRD Knoxville Medical Clinic, et al
Date Filed
Dissent or Concur
No
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