Legal Opinion

Dewayne Sharkey v. Molly O'Toole, M.D.

Court of Appeals of Tennessee

Decided August 19, 2010No. M2009-01112-COA-R3-CVPublished

1Opinion of the Court

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE January 7, 2010 Session DEWAYNE SHARKEY v. MOLLY O’TOOLE, M.D. Appeal from the Circuit Court for Davidson County No. 07-C-2143 Amanda McClendon, Judge No. M2009-01112-COA-R3-CV - Filed August 19, 2010 An inmate appeals a summary judgment dismissing his medical malpractice and

42 U.S.C. § 1983

claims against the correctional facility’s psychiatrist. Since the defendant’s doctor negated essential elements of both claims with her expert affidavit and plaintiff failed to create a genuine issue of material fact, the trial court is affirmed. Tenn. R.…

2Cases cited11 opinions

  1. Byrd v. HallTennessee Supreme Court · 1993
  2. Staples v. CBL & Associates, Inc.Tennessee Supreme Court · 2000
  3. Tennie Martin, et.al. v. Southern Railway Company, et.al.Tennessee Supreme Court · 2008
  4. Hannan v. Alltel Publishing Co.Tennessee Supreme Court · 2008
  5. Blair v. West Town MallTennessee Supreme Court · 2004

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