State Supreme Court Rules Plaintiff Has Additional Time To Refile Lawsuit After Voluntary Dismissal

Thursday, December 12, 2013

The Tennessee Supreme Court ruled Thursday that a suit voluntarily dismissed before a change in the law then filed again after the new law goes into effect can follow the extended deadlines provided for in the new law.

In this case, Hong Samouth Rajvongs filed a lawsuit in Rutherford County against his doctor. After he filed his lawsuit, Tennessee law was changed to require plaintiffs to give at least 60 days' notice of their claims to their health care providers before filing a lawsuit. When that notice is provided, plaintiffs have an additional 120 days to file their lawsuits.

Rajvongs voluntarily dismissed his first lawsuit. Nearly one year later, Rajvongs provided his doctor with notice of his repeated claim to satisfy the new notice requirement. Rajvongs then refiled his lawsuit within 120 days after the expiration of the one-year deadline for refiling a lawsuit after a voluntary dismissal.

The Court said plaintiffs who filed their original lawsuits before the Tennessee Health Care Liability Act was changed to require pre-suit notice of a claim, then dismissed their original actions, gave proper pre-suit notice, and refiled their lawsuits under the Act’s new notice requirement are entitled to an additional 120 days in which to refile their lawsuits.

The Court returned the case to the trial court for further proceedings.

To read the unanimous opinion in Hong Samouth (Sam) Rajvongs v. Dr. Anthony Wright, authored by Justice Janice M. Holder, visit the Opinions section of


FirstBank Names Gordon Chief Financial Officer

Financial services veteran James R. Gordon has been named chief financial officer of FirstBank, effective Jan. 1, 2016, the company announced Tuesday.  Winnie Bunch, CFO for the past 20 years, is moving into a newly created position as chief financial officer for FirstBank Ventures, which operates FirstBank Mortgage, FirstBank Investments and FirstBank Insurance.  ... (click for more)

Clint Mosley Joins MomSource Network Leadership Team

MomSource Network, with offices located in Knoxville, Chattanooga and Nashville, announced that Clint St. Mosley will be joining the organization’s leadership team as vice president of Sales and Operations.  “Since we were established in 2013 as the only company nationally to bring both an employer and a potential employee solution-oriented alternative to the flexible workplace ... (click for more)

Woman, 61, Charged in Chattanooga With Promoting Prostitution After TBI Human Trafficking Probe

A joint investigation by Special Agents with the Tennessee Bureau of Investigation’s Human Trafficking Unit and deputies with the Madison County, Ala., Sheriff’s Office has resulted in the arrest of a woman in Chattanooga on a charge of promoting prostitution. As the result of an ongoing two-year Human Trafficking investigation, TBI Special Agents, with the assistance of ... (click for more)

Alexander Says Republican Predictions Were Right That “Obamacare Was Historic Mistake”

Five and a half years after the White House health care summit at Blair House, Senate health committee Chairman Lamar Alexander on Tuesday spoke on the Senate floor to discuss what he said Republicans warned the president would happen if Obamacare became law – and to outline what this “historic mistake” of a law looks like for millions of Americans today. Senator Alexander ... (click for more)

City Council, Please Reconsider On The 7-Story Apartment Variance - And Response

I would like to thank the Regional Planning Commission and the Regional Planning Agency   for denying the recent application for a variance from the current zoning requirements in place for the 1200 block of Cowart Street. The developers want to build a 7-story parking deck with 141 efficiency and one-bedroom apartments wrapped around three sides in an area with a 48' height ... (click for more)

Roy Exum: My Garden In December

As the fallen leaves confirm today is the first of December, my monthly walk in life’s garden is more foggy than fun. In much-older times, good children would get a piece of candy on Christmas Day while bad ones would receive a lump of coal. So here are some things that deserve a helping of both: A PIECE OF CANDY to the amazingly few who can spy a nest of mistletoe high in area ... (click for more)