Billy Coffey, et al. v. Hamblen County, et al. - Concurring and Dissenting

I fully concur in the majority’s opinion with the exception of the majority’s determination that “we simply cannot agree with the trial court’s classification of the claim at issue as a consumer claim when Plaintiffs filed suit pursuant to a contract between the County and EMS for the failure to provide services as promised in the service agreement.” I instead believe that the language of the AHLA, as set out in the majority’s opinion and applicable to this issue, is broad enough to cover an alleged failure to provide services as promised in the service agreement. Specifically, I believe the definition in the AHLA, as quoted by the majority, defining a Consumer Case to be “a dispute between a Health Care Entity and a Consumer concerning: (a) the delivery of care or treatment by the Health Care Entity. . .” is broad enough to cover a failure to deliver the required care or treatment.