Kennedy v. Holder

OPINION

CANTRELL, Presiding Judge, M.S.

In this medical malpractice ease, the trial court overruled the defendants’ motions for summary judgment. The court was of the opinion that the lay testimony of the plaintiff created a disputed question of fact on the defendants’ negligence. We reverse and dismiss the plaintiffs claims.

I

Tina Kennedy, in active labor, was admitted to Southern Middle Tennessee Medical Center under the care of Dr. T. Scott Holder. A normal birth occurred after approximately nine hours of labor. Ms. Kennedy had an episiotomy to avoid tearing during the delivery, but the floor…