Harrison Kerr Tigrett v. John E. Linn, M. D, et al.

Case Number
W2009-00205-COA-R9-CV

This is a Tenn. R. App. P. 9 appeal of the denial of a motion for summary judgment in a
medical malpractice case. The trial court denied Appellants/Defendants’ motions for
summary judgment, finding that the statute of repose, Tenn. Code Ann.§29-26-116(a)(3), was
tolled as a result of fraudulent concealment on the part of Appellants/Defendants. Finding
that there are material issues of fact in dispute, we affirm the trial court’s denial of
Appellants’ motions for summary judgment. We, however, vacate any decision that the
statute of limitations was tolled as a result of fraudulent concealment.

Authoring Judge
Judge J. Steven Stafford
Originating Judge
Kay S. Robilio
Case Name
Harrison Kerr Tigrett v. John E. Linn, M. D, et al.
Date Filed
Dissent or Concur
No
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