Tom and Karen Moore v. Lloyd A. Walwyn, M.D. - Dissenting

IN THE COURT OF APPEALS OF TENNESSEE MIDDLE SECTION AT NASHVILLE FILED TOM AND KAREN MOORE, ) Jan. 19, 1996 ) Plaintiffs/Appellants, ) Cecil Crowson, ) Davidson Circuit Jr. Appellate Court Clerk ) No. 94C-1356 VS. ) ) Appeal No. ) 01-A-01-9507-CV-00295 LLOYD A. WALWYN, M.D., ) ) Defendant/Appellee. ) DISSENTING OPINION Both the trial court and the majority of this panel have decided that Tom and Karen Moore are not entitled to a jury trial on their medical malpractice claim against Dr. Lloyd A. Walwyn because of shortcomings in the affidavits they filed in opposition to Dr. Walwyn’s motion…