Opinion

Galadriel Basham v. Mark K. Greaves - Concurring

Court
Court of Appeals of Tennessee
Filed
Dec 11, 2006
Status
Published
On the bench
Presiding Judge William C. Koch, Jr
Cited by
0 cases
Authority
More cited than 29.4%

distinguishing between erroneous instructions and omitted instructions for the purpose of Tenn. R. Civ. P. 51.02

How later courts described this case

  • distinguishing between erroneous instructions and omitted instructions for the purpose of Tenn. R. Civ. P. 51.02

Written by the judges who cited it.

The opinion

IN THE COURT OF APPEALS OF TENNESSEE

AT NASHVILLE

November 17, 2006 Session

GALADRIEL BASHAM v. MARK K. GREAVES

Appeal from the Circuit Court for Davidson County

No. 00C-1558 Marietta M. Shipley, Judge

No. M2006-00281-COA-R3-CV - Filed on December 11, 2006

WILLIAM C. KOCH , JR., P.J., M.S., concurring.

This appeal is yet another effort to provide the courts with a permissible vehicle for

circumventing the legislatively mandated “locality rule” uniquely applicable to medical malpractice

cases. Galadriel Basham seeks to hold the trial court in error for using an instruction based on the

Tennessee Pattern Jury Instructions. She insists that the trial court should have given a broader

instruction equating the nationwide “community” of board-certified emergency room physicians with

the geographical concept of “community” plainly embodied in Tenn. Code Ann. § 29-26-115(a)(1)

(Supp. 2006).

Ms. Basham cannot make this argument now because she failed to request the trial court to

give a broader instruction. Rule v. Empire Gas Corp., 563 S.W.2d 551, 554 (Tenn. 1978)

(distinguishing between erroneous instructions and omitted instructions for the purpose of Tenn. R.

Civ. P. 51.02); Jones v. Tenn. Farmers Mut. Ins. Co., 896 S.W.2d 553, 556 (Tenn. Ct. App. 1994).

Parties who failed to take actions reasonably available to them to prevent or nullify the harmful

effect of an error are not entitled to relief on appeal. Tenn. R. App. P. 36(a).

_______________________________

WILLIAM C. KOCH, JR., P.J., M.S.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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