Scott v. Ashland Healthcare Center, Inc.

OPINION

JANICE M. HOLDER, J„

delivered the opinion of the court,

in which E. RILEY ANDERSON, C.J., and FRANK F. DROWOTA, ADOLPHO A. BIRCH, and WILLIAM M. BARKER, JJ, joined.

We granted review of this case to determine whether the holder of a certificate of need may be held hable for the healthcare facility operator’s tortious acts. We hold that the Tennessee statutes and rules governing certificates of need impliedly impose a non-delegable duty upon the certificate of need holder to initiate operation of the healthcare facility. We therefore reverse the judgment of the Court of Appeals, reverse…