Dallas K. Hurley, Jr. v. Ryan B. Pickens, M.D.
536 S.W.3d 419
| Tenn. Ct. App. | 2016Background
- Plaintiff Dallas K. Hurley, Jr. filed a health-care-liability action in May 2015 with a Certificate of Good Faith; defendants claimed the certificate was deficient and also challenged compliance with the pre-suit mailing affidavit requirement.
- Defendants answered and moved to dismiss under Tenn. Code Ann. § 29-26-121 and § 29-26-122 for alleged statutory deficiencies in the certificate and affidavit.
- While the motion to dismiss was pending, Hurley filed an amended/corrected certificate and motions for leave to amend, and separately filed a notice and motion for voluntary dismissal without prejudice under Tenn. R. Civ. P. 41.01.
- At a hearing held before argument on the motion to dismiss, Hurley orally took a voluntary dismissal; the trial court granted dismissal without prejudice and did not rule on the pending motions to dismiss.
- Defendants appealed, arguing (1) a plaintiff may not take a voluntary nonsuit while a motion to dismiss is pending, and (2) the statute required dismissal with prejudice for a deficient certificate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a plaintiff may take a voluntary dismissal under Tenn. R. Civ. P. 41.01 while a defendant's motion to dismiss (challenging the certificate of good faith) is pending | Hurley: Rule 41.01 gives an absolute right to take a voluntary nonsuit before trial except as limited by specific rules or statutes; § 29-26-122 does not limit that right | Pickens/University Urology: § 29-26-122 mandates dismissal with prejudice for noncompliant certificates and should prevent a voluntary nonsuit that would avoid that sanction | Court: Affirmed that Rule 41.01 permits a voluntary dismissal without prejudice even while a motion to dismiss under § 29-26-122 is pending; nothing in § 29-26-122 bars the Rule 41 right |
| Whether the suit had to be dismissed with prejudice under Tenn. Code Ann. § 29-26-122 because the certificate was allegedly deficient | Hurley: Certificate issues do not strip the Rule 41 right; trial court could allow nonsuit and plaintiff could refile | Pickens/University Urology: Statute requires dismissal with prejudice upon motion for failure to comply | Court: This issue was rendered moot by the ruling allowing voluntary dismissal; court did not decide the merits of statutory dismissal in this appeal |
Key Cases Cited
- Lacy v. Cox, 152 S.W.3d 480 (Tenn. 2004) (statutory/rule interpretation reviewed de novo)
- Stewart v. Univ. of Tenn., 519 S.W.2d 591 (Tenn. 1975) (discusses limits on voluntary nonsuit in representative actions)
- Davis v. Ibach, 465 S.W.3d 570 (Tenn. 2015) (supreme court affirmed voluntary dismissal and found certificate of good faith non-deficient)