Brittany Borngne Ex Rel. Miyona Hyter v. Chattanooga-Hamilton County Hospital Authority Et Al. - Concurring

Case Number: E2020-00158-SC-R11-CV

I agree with the Court’s decision to reverse the judgment of the Court of Appeals. But my agreement with the majority ends there. I would not adopt a new evidentiary privilege for expert witnesses because that privilege is not grounded in the Constitution, Tennessee’s statutes, the common law, or this Court’s Rules—the only permissible sources of a privilege under Tennessee Rule of Evidence 501. Although the trial court erred by excluding the expert opinions at issue in this case, that error was harmless and did not warrant reversal of the judgment below or a new trial. For that reason, I join in the Court’s judgment.

Authoring Judge: Justice Sarah K. Campbell
Originating Judge: Judge J.B. Bennett
Date Filed:
Dissent or Concur: This is a concurring opinion