Appellate – Bryan Essary


Boren v. Weeks

(251 S.W.3d 426, Tennessee Supreme Court 2008) Adopting standard for ostensible agency claims in a hospital setting.

Dillard v. Meharry Medical College

(2002 WL 1465957, Court of Appeals 2002) Affirming Jury Verdict for health care providers.

White v. Bacon

(2006 WL 211810, Tenn: Court of Appeals 2006) Affirming Trial Court’s summary dismissal of claims against health care providers.

Martins v. Williamson Medical Center

(2010 WWL 4746238, Court of Appeals) Affirming Trial Court’s dismissal of claims because of the failure to comply with pre-suit requirements.

Barkes v. River Park Hospital

(328 S.W.3d 829, Tennessee Supreme Court 2010) Recognizing direct corporate liability claims in some hospital settings.

Brandon v. Williamson Medical Center

(343 SW 3d 784 – Tenn: Court of Appeals, Western Section 2010) Affirming Trial Court’s dismissal of claims because of the failure to comply with pre-suit requirements.

Dewald v. HCA Health Services of Tennessee

(251 SW 3d 423 – Tenn: Supreme Court 2008) Adopting standard for ostensible agency claims in a hospital setting.

Bennett v. Town & Country Ford, Inc.

(816 SW 2d 52 – Tenn: Court of Appeals, Middle Section 1991) Dismissing case under interplay between serial non-suits and Savings Statute.

Lawrence v. HCA Health Services of Tennessee, Inc.

(Tenn: Court of Appeals 2008) Affirming dismissal of premises liability claim in common area setting.

Wall v. Hillside Hosptial, Inc.

(Tenn: Court of Appeals 2007) Affirming summary dismissal of case and Trial Court’s refusal to allow non-suit of case while Motion for Summary Judgment pending.

Smith v. State, Tenn

(Court of Appeals 2012) Affirming Trial Court’s summary dismissal of case against health care providers.

Badgett v. Adventist Health Systems Sunbelt, Inc.

(Tenn: Court of Appeals 2008) Affirming Trial Court’s exclusion of expert testimony and summary dismissal of case.

Cunningham v. Williamson Cnty. Hosp. Dist.

(405 SW 3d 41 – Tenn: Supreme Court 2013) Dismissing case under Governmental Tort Liability Act after finding amendments to Medical Malpractice Act would not extend statute of limitations.