Timothy Davis ex rel. Katherine Michelle Davis v. Michael Ibach, MD
2015 Tenn. LEXIS 436
| Tenn. | 2015Background
- Plaintiff Timothy Davis sued physicians Michael Ibach and Martinson Ansah for wrongful death after his wife died following surgery; a certificate of good faith was filed under Tenn. Code Ann. § 29-26-122.
- The certificate did not state the number of prior violations of § 29-26-122 by the executing party (plaintiff’s counsel).
- Defendants moved to dismiss, arguing noncompliance with § 29-26-122(d)(4) (which "shall disclose the number of prior violations"), and that noncompliance mandates dismissal with prejudice.
- Before ruling, plaintiff voluntarily dismissed the action without prejudice; the trial court granted dismissal, finding there were no prior violations to disclose and the statute did not require affirmatively stating "zero."
- The Court of Appeals affirmed on the alternative ground that the trial court could grant voluntary dismissal; the Supreme Court granted review to decide whether § 29-26-122(d)(4) requires disclosure of the absence of prior violations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 29-26-122(d)(4) requires a certificate to disclose that there are zero prior violations when none exist | The statute only requires disclosure of the number of prior violations; if none exist, there is nothing to disclose | The certificate must affirmatively state the number (including "0") and omission is noncompliance requiring dismissal with prejudice | Court held the statute does not require disclosure of the absence of prior violations; omission of "0" is not noncompliance |
Key Cases Cited
- Mills v. Fulmarque, 360 S.W.3d 362 (Tenn. 2012) (statutory language is given its natural and ordinary meaning)
- Lee Med., Inc. v. Beecher, 312 S.W.3d 515 (Tenn. 2010) (court’s role is to effectuate legislative intent without expanding or restricting scope)
- Larson-Ball v. Bell, 301 S.W.3d 228 (Tenn. 2010) (every word in a statute is presumed to have meaning and purpose)
- Thurmond v. Mid-Cumberland Infectious Disease Consultants, PLC, 433 S.W.3d 512 (Tenn. 2014) (issues of statutory construction reviewed de novo)
- Pratcher v. Methodist Healthcare Memphis Hosps., 407 S.W.3d 727 (Tenn. 2013) (principles governing interpretation of statutory text)