Walter Joshlin v. Hollis H. Halford, III, M.D.
Syllabus
In this interlocutory appeal, the defendants appeal the trial court's denial of their motion to dismiss a medical malpractice lawsuit on the ground that the plaintiffs failed to comply with Tennessee Rule of Civil Procedure 25.01. We reverse the decision of the trial court and remand the case for further proceedings.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that video evidence may be considered at summary judgment phase without favoring the non-movant’s version of the facts
- noting that a court may “take stock” of video evidence “without favoring the nonmovant where the video contradicts his view of the facts”
- stating “authoriz[ation] to use deadly force at one moment . . . is not a blank check”
- stating “authoriz[ation] to use deadly force at one moment … is not a blank check”
- qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law”
- a court may “take stock” of video evidence “without favoring the nonmovant where the video contradicts his view of the facts.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Judge Carma Dennis McGee
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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