Tuesday, February 22, 2011

Court Reviews a Medical Malpractice Case in which Trial Court Held Membership on Defendant Hospital’s Board of Directors

GILBERT OLERUD, ET AL. v. DR. WALTER M. MORGAN, III, ET AL. (Tenn. Ct. App. February 22, 2011)

This is an appeal of a grant of summary judgment to a hospital and physician in a medical malpractice case. Plaintiffs also appeal the denial of their motion that the trial court recuse itself due to the court's membership on the board of directors of the defendant hospital and the court's denial of their motion for default judgment based on spoliation of evidence. We reverse.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/olerudg_022211.pdf

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