IN THE COURT OF APPEALS OF TENNESSEE MIDDLE SECTION AT NASHVILLE

OUTPATIENT DIAGNOSTIC CENTER, ) ) FILED Plaintiff/Appellee, ) ) April 30, 1997 ) Davidson Circuit VS. ) No. 94C-2264 Cecil W. Crowson ) Appellate Court Clerk ) Appeal No. RALPH CHRISTIAN, ) 01A01-9510-CV-00467 ) Defendant/Appellant. ) )

SEPARATE CONCURRING OPINION

In view of the lack of competent evidence to support the summary judgment, I concur in the reversal and remand.

I would prefer not to include a recital of some but not all rules of law which might arise upon the pleadings and evidence which might or might not be presented to the Trial Court on remand.

Respectfully submitted,

______________________________________ HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION