# Blanchard v. Kellum

> Tennessee Supreme Court · July 13, 1998 · 975 S.W.2d 522

URL: https://www.frixlaw.com/law-library/cases/9524374

## Case

- **Full name:** Frances BLANCHARD, Plaintiff/Appellant, v. Arlene KELLUM, D.D.S., Defendant/Appellee
- **Court:** Tennessee Supreme Court
- **Decided:** July 13, 1998
- **Citations:** 975 S.W.2d 522; 1998 Tenn. LEXIS 432; 1998 WL 664948
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Anderson, Birch, Drowota, Holder
- **Cited by:** 126 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9524374

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9524374. Public record. Not legal advice.