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Friday, May 29, 2015

New Tennessee Supreme Court Health Care Liability Action Opinion: Trial Court's Ruling, Which Allowed Plaintiff to Nonsuit the Case Without Prejudice, Upheld on Appeal

The Tennessee Supreme Court issued its opinion today in Davis v. Ibach, No. W2013-02514-SC-R11-CV (Tenn. Mar. 29, 2015).  The summary from the slip opinion states as follows:
The Plaintiff filed a medical malpractice action against the Defendants. Following the Defendants' motions to dismiss the action, asserting that the certificate of good faith was noncompliant with the requirement in Tennessee Code Annotated section 29-26-122(d)(4) (Supp. 2008), the trial court granted the Plaintiff's request to voluntarily dismiss the action. The Defendants appealed, and the Court of Appeals affirmed the order of the trial court. We granted review to determine whether the requirement of Tennessee Code Annotated section 29-26-122(d)(4) that a certificate of good faith filed in a medical malpractice action disclose the number of prior violations of the statute by the executing party also requires disclosure of the absence of any prior violations of the statute. We hold that it does not. Accordingly, the judgment of the Court of Appeals is affirmed.
Here's a link to the opinion:

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