Opinion

Pullins v. Fentress County General Hospital & All-American Exterminating Co.

  • 594 S.W.2d 663
  • 1979 Tenn. LEXIS 533
Court
Tennessee Supreme Court
Filed
Dec 17, 1979
Status
Published
Author
Brock
On the bench
Brock, Fones, Cooper, Henry, Harbi-Son
Cited by
20 cases
Authority
More cited than 7.7%

indicating that medical malpractice statutes did not apply in the determination of whether hospital breached its duty to keep hospital free from spiders

How later courts described this case

  • indicating that medical malpractice statutes did not apply in the determination of whether hospital breached its duty to keep hospital free from spiders
  • hospital's alleged failure to keep -5- premises free of spiders and other pests judged under ordinary negligence principles
  • hospital’s alleged failure to keep premises free of spiders and other pests judged under ordinary negligence principles

Written by the judges who cited it.

The opinion

OPINION ON PETITION TO REHEAR

BROCK, Chief Justice.

The defendants have filed a petition to rehear which the Court has considered but found to be without merit.

A petition for rehearing will not be granted which merely reargues petitioner’s original position. Supreme Court Rule 32; New Jersey Zinc Co. v. Cole, Tenn., 532 S.W.2d 246 (1975).

A rehearing will be refused where no new argument is made, no new authority is adduced and no material fact is pointed out as having been overlooked. Insurance Co. of North America v. Cliff Pettit Motors, Inc., Tenn., 513 S.W.2d 785 (1974).

*672 The proper office of a petition to rehear is to call attention of the Court to matters which were overlooked in the original opinion, not those matters which counsel supposes to have been improperly decided after full consideration. Clover Bottom Hospital and School v. Townsend, Tenn., 513 S.W.2d 505 (1974).

The instant petition does nothing more than reargue matters previously argued and considered by the Court. Accordingly, the petition to rehear is overruled.

FONES, COOPER, HENRY and HARBI-SON, JJ., concur.

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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