Doris Cannon ex rel. Juanita E. Good v. Bhaskar Reddy, M.D.
428 S.W.3d 795
| Tenn. | 2014Background
- Ms. Good underwent gallbladder surgery at Maury Regional; suffered brain injury due to oxygen deprivation.
- Cannon, as conservator, filed a health care liability action in 2006 naming Dr. Reddy and others.
- 2009 amendments required pre-suit notice and certificate of good faith for claims; statute provides a 120-day extension under 29-26-121(c) for transitional plaintiffs.
- Cannon dismissed the action in 2010; on Jan 6, 2011, she provided pre-suit notices for a potential claim against Dr. Reddy.
- She then filed two successive actions: a second (non-compliant) in Jan 2011 and a third (compliant) in Apr 2011; she sought consolidation.
- During the appeal, Cannon voluntarily dismissed the second action in Oct 2012; trial court dismissed it based on Myers v. AMISUB; Court granted extraordinary appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does dismissal of the second action moot prior-suit-pending defense? | Second action dismissal nullifies prior-suit pending obstacle to the third action. | Doctrine of prior suit pending could bar the third action despite dismissal of the second. | Moot; prior-suit pending defense is not applicable after voluntary dismissal. |
| Whether transitional plaintiffs get a 120-day extension on the saving statute for refiling under 29-26-121(c)? | Rajvongs and Myers imply transitional plaintiffs receive the extension when pre-suit notice is proper. | Extension does not apply to saving statute; timing may be limited. | Yes; transitional plaintiff with proper pre-suit notice is entitled to 120-day extension, making the third action timely. |
| Did Cannon comply with pre-suit notice and certificate of good faith for the third action? | Pre-suit notices from Jan 6, 2011 satisfied 60-day requirement and certificate of good faith was provided. | Contends noncompliance concerning the second action; asks to apply only to the third action as governed by the new Act. | Cannon complied with pre-suit notice and certificate of good faith for the third action. |
Key Cases Cited
- Myers v. AMISUB (SFH), Inc., 382 S.W.3d 300 (Tenn. 2012) (transitional plaintiffs must comply with pre-suit notice; supports extension ruling)
- Rajvongs v. Wright, 2013 WL 6504425 (Tenn. Dec. 12, 2013) (extended analysis of saving statute extension for transitional plaintiffs)
- West v. Vought Aircraft Indus., Inc., 256 S.W.3d 618 (Tenn. 2008) (elements of the doctrine of prior suit pending)
- Leggett v. Duke Energy Corp., 308 S.W.3d 843 (Tenn. 2010) (standard for appellate review of trial court rulings on motions to dismiss)