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Attached is Defendant Kindred Hospital’s Application for Permission To Appeal the ruling of the Tennessee Court of Appeals wherein that Court overruled dismissal (partial and only sort of) rendered by the Davidson County Circuit Court. If you read the Court of Appeals opinion carefully, you will see that “actual notice” meets the notice requirement even though the plaintiff failed to follow the very easy and publicized criteria for the notice under the statute. You will also see that filing an affidavit of a doctor satisfies the very specific statutory mandates of a certificate of good faith. We will see if the Court accepts the opinion, perhaps to tailor the law of this case to its recent and favorable ruling in Myers v. Amisub, decided October 4, 2012.

Regards to all,


Harry P. Ogden
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
265 Brookview Centre Way
Suite 600
Knoxville, TN 37919
Direct Dial: 865.549.7120
Cell: 865.385.1384
Direct Fax: 865.633.7120
Email: hogden@bakerdonelson.com
Website: www.bakerdonelson.com

Author: Kenny Saffles, Harry Ogden from Baker Donelson
Document Type: Appellate Briefs
Subject Matter: No Subject Matter
State: Tennessee
Plaintiff Counsel: Bede Anyanwu
Plaintiff Firm: Law Firm of Dr. Bede Anyanwu
Court: Tennessee Supreme Court
Date: November 1, 2012