Carroll v. Whitney

OPINION

in which FRANK F. DROWOTA, III, and ADOLPHO A. BIRCH, Jr., JJ., joined.

This is an appeal from the Circuit Court for Shelby County which allowed a jury, in an action alleging malpractice, to allocate *15fault to resident physicians who were immune from suit. The Court of Appeals reversed the judgment of the trial court and concluded that the trial court should not have permitted the jury to apportion fault to the residents because they were immune. We then granted this appeal to decide whether the trial court erred in allowing nonparties who were immune from suit to appear on a jury…