Sally Qualls Mercer v. Vanderbilt University, Inc.

Summary

The Supreme Court of Tennessee overruled Gray v. Ford Motor Co. and held that a patient's negligent conduct providing only the occasion for the medical attention, care, or treatment underlying a medical malpractice action may not be compared with the health care provider's negligence. Because Larry Qualls's drunk-driving accident merely occasioned his treatment at Vanderbilt, the jury's 30% fault allocation to him rested on an error of law, and the trial court properly granted judgment under Rule 50.02 making Vanderbilt 100% responsible for the full $7,366,000 verdict. The Court also sustained the exclusions of prior alcohol-related conduct evidence, of two defense witnesses sanctioned for discovery abuse, and of annuity-cost testimony, and deemed the trial judge's 'hostile witness' remark improper but non-prejudicial. Chief Justice Drowota dissented, contending Gray should not have been overruled and that cumulative trial errors entitled Vanderbilt to a new trial.