Leon Dickson, Sr. v. Sidney H. Kriger, M.D.
374 S.W.3d 405
Tenn. Ct. App.2012Background
- Dr. Kriger performed LASIK on Mr. Dickson in May 2003, resulting in left-eye decentered ablation.
- Mr. Dickson filed medical negligence suit against Kriger on September 27, 2004 in Shelby County.
- Dr. Michelson and Dr. Loden testified causation theories: laser malfunction or patient fixation issues.
- Kriger amended answer to include comparative fault; Dickson moved to strike; consent order waived comparative fault.
- Motions in limine to bar Michelson and Loden were denied; deposition cross-examination touched fault issues.
- This Court affirmed in part, reversed in part, remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver effect on causation evidence | Dickson argues waiver bars causation proof shifting fault. | Krig er argues causation testimony is admissible as non-party causation evidence. | Waiver does not bar admissibility of causation proof. |
| Admissibility of Michelson causation testimony | Testimony improperly shifts fault post-waiver. | Testimony shows laser malfunction as cause in fact; admissible causation evidence. | Michelson testimony admissible; does not compel comparative fault plead. |
| Admissibility of Loden causation testimony | Loden’s testimony shifts fault to Mr. Dickson; requires Rule 8.03 pleading. | Testimony shows causation not attributing to nonparties; admissible with waiver. | Loden testimony, as cross-examined, shifts blame to Dickson; reversed for preclusion. |
| George v. Alexander guidance on Rule 8.03 | Rule 8.03 not required to admit proffered causation testimony. | George requires pleading nonparty fault if evidence seeks to shift blame. | Rule 8.03 strictly applied; failure to plead requires exclusion of such causation evidence. |
| Remedy on appeal | Record properly excludes Loden; trial could continue. | Record supports some admissibility; require remand for proceedings consistent with ruling. | Remand for further proceedings; Michelson allowed, Loden precluded. |
Key Cases Cited
- George v. Alexander, 931 S.W.2d 517 (Tenn. 1996) (Rule 8.03 requires pleading nonparties when seeking fault-shifting evidence)
- Pullum v. Robinette, 174 S.W.3d 124 (Tenn. Ct. App. 2004) (abuse of discretion standard for evidentiary rulings)
- Heath v. Memphis Radiological Prof'l Corp., 79 S.W.3d 550 (Tenn. Ct. App. 2002) (evidentiary rulings reviewed for reasonableness and legal standards)
- Gonsewski v. Gonsewski, 350 S.W.3d 99 (Tenn. 2011) (abuse of discretion standard; legal framework for appeals)
- State v. Lewis, 235 S.W.3d 136 (Tenn. 2007) (standards for reviewing discretionary decisions)