The Tennessee Court of Appeals has ruled that giving the State formal notice of a medical negligence (now “health care liability”) claim against an employee waives the right, if any, to assert that claim against that employee in state court based on the same acts or omissions. In Sumner v.…
In Holt v. City of Fayetteville, No. M2014-02573-COA-R3-CV (Tenn. Ct. App. Mar. 15, 2016), the Court of Appeals affirmed dismissal of plaintiffs’ claims due to the city’s immunity under the public duty doctrine, a key limitation of the Tennessee Governmental Tort Liability Act. According to plaintiffs, a police officer had…
A recent appeal in a claim filed under the Health Care Liability Act (HCLA) turned on when the statute of limitations began to run and whether a doctor was an employee under the Governmental Tort Liability Act (GTLA). In Rogers v. Blount Memorial Hospital, Inc., No. E2015-00136-COA-R3-CV (Tenn. Ct. App.…
The Tennessee Bar Association has published my article about the recent Moreno decision and the unintended consequences of that decision. The article is titled “Donald Margolis, “Moreno,’ and Unintended Consequences.” An excerpt: Every decision (and every failure or refusal to decide) — from a court or otherwise — has consequences, some…
The Court of Appeals recently overturned a trial court’s decision that a somewhat recently reconstructed road constituted a dangerous road condition. In Church v. Charles Blalock & Sons, Inc., No. E2014-02077-COA-R3-CV (Tenn. Ct. App. Oct. 9, 2015), plaintiffs filed suit on behalf of two women who died in an automobile…
Several cases have now held that the 2011 amendments to the Health Care Liability Act (HCLA), which added language referring to governmental entities, allow plaintiffs bringing an HCLA claim under the GTLA to take advantage of the 120-day extension of the statute of limitations after giving proper pre-suit notice. Recently,…
In Moreno v. City of Clarksville, No. M2013-01465-SC-R11-CV (Tenn. Sept. 18, 2015), the central issue surrounded the interplay of the 90-day window provided by Tenn. Code Ann. § 20-1-119 to add a non-party named by a defendant as a comparative tortfeasor and the process for filing a claim under the…
In Newcomb v. State, No. M2014-00804-COA-R3-CV (Tenn. Ct. App. June 26, 2015), the Court of Appeals affirmed the Tennessee Claims Commission’s dismissal of a plaintiff’s premises liability action. Plaintiff fell down a flight of stairs in front of a state owned building. It was raining on the day of the…
Tennessee cities, counties and other types of governmental entities are generally immune from suit for damages arising from personal injury and wrongful death claims. However, a special law, the Governmental Tort Liability Act (GTLA), allows Tennessee cites and counties to be sued for pseronal injury or wrongful death under certain…
In 2011, the Tennessee legislature amended the Health Care Liability Act (“HCLA”) to add language regarding governmental entities to the chapter. Per the amendments, health care liability action now specifically includes “claims against the state or a political subdivision thereof,” and health care provider includes…