New Tennessee Supreme Court Health Care Liability Action Opinion: Delivery of Presuit Notices via FedEx Substantially Complies with Presuit Notice Statute

The Tennessee Supreme Court recently released its opinion in Arden v. Kozawa,No. E2013-01598-SC-R11-CV (Tenn. Jun. 30, 2015).  The summary from the opinion reads as follows:

The primary issue presented is whether a health care liability case must be dismissed because the plaintiff sent the health care defendants pre-suit notice of the claim via a commercial carrier, FedEx, instead of using certified mail, return receipt requested, through the United States Postal Service. The defendants moved for summary judgment, asserting that the plaintiff failed to comply with the requirements of Tennessee Code Annotated sections 29-26-121(a)(3)(B) and (a)(4) (2012). The defendants did not allege they failed to receive notice or were prejudiced by the plaintiff's method of service. The trial court dismissed the complaint, holding that strict compliance with the manner and proof of service requirements of Tennessee Code Annotated sections 29-26-121(a)(3)(B) and (a)(4) was required. The Court of Appeals affirmed, holding that substantial compliance was sufficient to satisfy the statutory content requirements of the notice, but that the plaintiff's failure to send the notice by certified mail constituted deficient service.  We hold that the manner and proof of service prescribed by Tennessee Code Annotated sections 29-26-121(a)(3)(B) and (a)(4) may be achieved through substantial compliance.  The defendants received notice and were not prejudiced by the manner of service.  Therefore, the use of FedEx to deliver the notice and the filing of proof of service with the complaint constituted substantial compliance with the manner and proof of service requirements of the pre-suit notice statute. The judgment of the Court of Appeals is reversed, and the case is remanded to the trial court for further proceedings.

Here's a link to the opinion:

http://www.tsc.state.tn.us/sites/default/files/ardenc.opn_.pdf

NOTE: This is a good decision because Tennessee has a long-established, oft-repeated policy of deciding cases on their merits and not on procedural technicalities.  I applaud the Tennessee Supreme Court for doing the right thing in this instance.