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ARC Lifemed8/2/2005
sisted living facility, but rather the voluntary participation of individual residents. AMC-TN has prevailed on appeal on all issues except the breach of contract. Applying the principles in Myint v. Allstate Insurance Co., 970 S.W.2d 920 (Tenn.1998), we have determined that LifeMed, LLC is not entitled to prejudgment interest.
The judgment of the trial court as to breach of fiduciary duty and negligent misrepresentation is reversed. The judgment of the trial court as to the award of prejudgment interest is reversed. In all other respects, the judgment of the trial court as modified herein is affirmed. The case is remanded to the trial court for such further proceedings as may be necessary.
Costs of appeal are assessed against AMC-TN.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Tennessee Personal Injury Attorneys
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