SHIRLEY BUCKLEY ET AL. v. JACKSON RADIOLOGY ASSOCIATES, P.A. ET AL. - Articles

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SHIRLEY BUCKLEY ET AL. v. JACKSON RADIOLOGY ASSOCIATES, P.A. ET AL.

Posted by: Azya Thornton on Feb 21, 2025

Court: TN Court of Appeals

Attorneys 1: W. Bryan Smith, Memphis, Tennessee, for the appellant, Shirley Buckley.

Attorneys 2: Marty R. Phillips and Lyndy Michelle Greenway Sellers, Jackson, Tennessee, for the appellees, West Tennessee Medical Group, Inc., Jackson Radiology Associates, P.A., Timothy Ray Crossett, M.D., Thomas Channing Head, M.D., and John W. Neblett, Jr., M.D.

Judge(s): ARMSTRONG

This is a healthcare liability/wrongful death case. Appellees, healthcare providers, alleged that appellant abused the discovery process in failing to make her expert available for deposition within the time set by the trial court’s scheduling order. Appellant moved for amendment of the scheduling order and for continuance of the trial date. The trial court denied appellant’s motions and granted appellees’ motion to exclude appellant’s expert. The exclusion of appellant’s expert resulted in the trial court granting appellees’ motion for summary judgment, thus dismissing appellant’s lawsuit. Under the circumstances, the trial court’s exclusion of appellant’s expert (and the resulting dismissal of her lawsuit) was too harsh a punishment. Vacated and remanded.

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