Tennessee Supreme Court Rules Plaintiff Gets More Time To File Health Care Liability Lawsuit

Wednesday, January 29, 2014

The Tennessee Supreme Court ruled Wednesday that a plaintiff has extra time to refile her health care liability lawsuit based on a law that took effect while her initial lawsuit was pending.

Juanita E. Good of Columbia suffered brain damage in 2005 while undergoing surgery to remove her gallbladder. Her conservator, Doris Cannon, filed a lawsuit in 2006 against Maury Regional Hospital and Dr. Bhaskar Reddy. In 2009, while the case was pending, the Tennessee General Assembly changed the law to require at least 60 days’ notice to defendants prior to the commencement of a health care liability action.

Ms. Cannon dismissed her original lawsuit in 2010 and refiled it twice in 2011 – first, two days after providing the required 60 days’ notice and again 111 days after the notice. Ms. Cannon then sought permission from the court to consolidate her refiled actions. Dr. Reddy objected and moved to dismiss both of Ms. Cannon’s actions on various grounds.

The trial court consolidated the cases, and Dr. Reddy filed an application for extraordinary appeal with the Supreme Court, which was granted. The Court ruled that Ms. Cannon was a “transitional plaintiff” because of the timing of her lawsuits and the corresponding changes in the law. As a transitional plaintiff, Ms. Cannon’s compliance with the 60-day notice requirement gave her an additional 120 days under the 2009 law to refile her health care liability lawsuit.

To read the unanimous opinion in Doris Cannon ex. rel. Juanita E. Good v. Bhaskar Reddy, M.D., authored by Justice Janice M. Holder, visit the Opinions section of TNCourts.gov


80 Municipalities Qualify For Wine In Grocery Stores Votes

Registered voters in 80 Tennessee municipalities will vote Nov. 4 in referendums to allow the sale of wine in retail food stores, the Red White and Food campaign announced today.   “This is a tremendous accomplishment for the state’s retail food stores and for their customers who want to be able to buy wine while shopping for groceries,” said Susie Alcorn, Red White ... (click for more)

1 Dies, 4 Injured In 2-Vehicle Crash At Soddy Daisy

One person has died in a wreck Sunday at Soddy Daisy in which four other people were injured. The wreck happened at 12:35 p.m. when a vehicle traveling north struck another vehicle that was pulling onto the highway. A small red truck was badly damaged in the crash. It happened at 12130 Dayton Pike near Tavern Sports Bar and Grille. One person was airlifted, while the ... (click for more)

Decimating The Chattanooga Public Library

Corinne Hill claims that the library is just undergoing a normal weeding process for eliminating books.  She has bragged that she's responsible for the elimination of over 100,000 books - with more to go. "Normal" weeding is not rampant throwing away.  Yes, books go to the Friends for their sale - where they get $2 for a $75 book and thousands wind up being recycled ... (click for more)

The Many Lessons I Learned From Helen McDonald Exum

Helen McDonald Exum was my friend and mentor. As I think of her passing I can only imagine the celebration that is happening in heaven as the news of her arrival is being told. I am sure that there is a party that not only has she organized but that there is not a detail that has been left to chance. I am sure that it is the grandest of events, for you see, she has been planing ... (click for more)

Worley-Powered Vols Clobber Utah State, 38-7, In Opener

KNOXVILLE, Tenn. – Tennessee, trying to snap out of the doldrums of four consecutive losing seasons, started its 2014 campaign in fine fashion Sunday night before a season opening sellout crowd of 102,445 that endured a heavy rain story 30 minutes prior to kickoff. And senior quarterback Justin Worley, who missed the final four games in 2013 after undergoing thumb surgery, was ... (click for more)

Lookouts Reach Southern League Northern Division Playoffs With Doubleheader Win Over Smokies

The Chattanooga Lookouts are now playoff bound after sweeping a double-header against the Tennessee Smokies  to clinch the Southern League North Division for the second half of the season. The first game of the double-header was backed by a masterful gem of a game thrown by the starter for the Lookouts, Steve Smith (W, 3-2). Smith dominated the Smokies' lineup from top ... (click for more)