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Thursday, April 10, 2014

Health Care Liability Action: Court Reiterates That Statute of Repose Bars a Minor's Claim After Three Years; No Tolling Due to Minority in Such Cases

The Tennessee Court of Appeals just released its opinion in Bentley v. Wellmont Health Sys., No. E2013-01956-COA-R3-CV (Tenn. Ct. App. Apr. 10, 2014).  The summary from the opinion states as follows:
This is a health care liability action in which Defendants sought dismissal, claiming that the action was barred by the three-year statute of repose, codified at Tennessee Code Annotated section 29-26-116, as interpreted by Calaway v. Schucker, 193 S.W.3d 509 (Tenn. 2005). Plaintiff alleged that the Court’s interpretation of the statute was unconstitutional as applied to his case. The trial court disagreed and dismissed the case. Plaintiff appeals. We affirm the decision of the trial court.
Here's a link to the opinion:

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