finding the defendant’s conclusory affidavit insufficient to negate an essential element of the plaintiff’s claim
How later courts described this case
- finding the defendant’s conclusory affidavit insufficient to negate an essential element of the plaintiff’s claim
- holding expert physician’s affidavit insufficient because it "merely contained] a conclusory statement”
- reversing summary judgment because the defendant’s conclusory affidavit did not trigger the plaintiff’s burden in the motion for summary judgment
- describing burden shifting in summary judgment
Written by the judges who cited it.
The opinion
ORDER DENYING PETITION FOR REHEARING
PER CURIAM.
Arlene Kellum, D.D.S., Defendant/Appel-lee, has filed a petition to rehear this cause pursuant to Tenn.R.App.R. 39 contending that our opinion conflicts with a principle of law and overlooks a proposition of law.
After due consideration, we conclude that the petition for rehearing should be and the same is hereby denied at the cost of Defendant/Appellee.