No specific laws identified for this ruling.
Trial court granted defendants' motion for summary judgment, dismissal, and sanctions. Appellate court affirmed, finding plaintiff failed to obtain competent expert witness on standard of care and filed non-compliant certificate of good faith.
This is a health care liability action in which the plaintiff asserted claims of professional negligence, negligent supervision, and medical battery against a physician's assistant, a dermatologist, and their employer. The trial court granted the defendants' motion for summary judgment under Tennessee Rule of Civil Procedure 56.02, motion for dismissal under Tennessee Rule of Civil Procedure 37.02, and motion for sanctions under Tennessee Code Annotated section 29-26-122(d). We agree with the trial court's determination that the plaintiff failed to obtain a competent expert witness to testify on the applicable standard of care as required by Tennessee Code Annotated section 29-26-115 and violated Tennessee Code Annotated section 29-26-122 by filing a non-compliant certificate of good faith. Accordingly, we affirm the trial court's dismissal of plaintiff's action and award of sanctions.
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Appellant challenges the summary-judgment dismissal of her claims under the Minnesota Human Rights Act (MHRA), her claims under the Minnesota whistleblower act (MWA), and her claims for negligent hiring, supervision, and retention. She also challenges the district court's denial of her motions to compel discovery. Because no genuine issues of material fact exist precluding the grant of summary judgment for respondents and any error related to the motions to compel is harmless, we affirm.
Plaintiff brought claims against Knox County and the County Clerk based on allegedly discriminatory employment practices. The trial court determined that Plaintiff committed serious discovery violations and imposed as a sanction the exclusion of certain evidence. With this evidence excluded, the trial court granted summary judgment to the Defendants. Plaintiff appeals, challenging the discovery sanction, the trial court's conclusion under the Tennessee Human Rights Act that the continuing violation doctrine did not apply, the trial court's conclusion that the Clerk was not individually liable, and the award of attorney's fees against the Plaintiff and her attorney. We affirm.
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