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Thursday, October 20, 2016

New Health Care Liability Action Opinion: Trial Court's Dismissal of Refiled Case Overturned on Appeal Due to the Saving Statute

The Tennessee Court of Appeals just issued its opinion in Robinson v. Robbins, No. W2016-00381-COA-R3-CV (Tenn. Ct. App. Oct. 19, 1996).  The syllabus from the slip opinion states as follows:
This is a health care liability action.  The plaintiffs timely filed suit against the defendant concerning the inadequate care and treatment received by the decedent. After voluntarily dismissing the initial suit, the plaintiffs provided pre-suit notice before filing a second suit pursuant to the saving statute. The defendant moved to dismiss, arguing that the saving statute did not apply because there was no identity of parties between the actions. He explained that the second complaint was filed against him in his individual capacity while the initial complaint was lodged against him in his corporate capacity. The court agreed and held that the second action was barred for failure to file within the applicable statute of limitations. We reverse.
 (Footnote omitted.)

Here is a link to the slip opinion:

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