Alvin Bates v. Dr. Joseph Metcalf

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE July 10, 2001 Session ALVIN BATES v. DR. JOSEPH METCALF, IV, d/b/a OAK RIDGE SURGEONS, P.C. Appeal from the Circuit Court for Anderson County No. 98LA0448 James B. Scott, Jr., Judge FILED DECEMBER 3, 2001 No. E2001-00358-COA-R3-CV CHARLES D. SUSANO, JR., J., dissenting. I respectfully dissent because I believe the plaintiff was entitled to a directed verdict on his battery claim. In my judgment, there is no probative evidence in the record that the plaintiff consented to an internal lateral sphincterotomy, the surgical procedure performed by…