New Health Care Liability Action: Denial of Summary Judgment to Defense Reversed on Appeal Because Certificate of Good Faith Was Not Properly Presented

The Tennessee Court of Appeals has released its opinion in Estate of Blankenship v. Bradley Healthcare and Rehabilitation Center,  No. E2021-00714-COA-R10-CV (Tenn. Ct. App. Mar. 30, 2022). The syllabus reads:

In this health[]care liability action, a decedent’s estate and her son sued a nursing home and the county that owned the nursing home, alleging that the nursing home was negligent in the care of the decedent. The nursing home and the county filed a motion to dismiss [(which was converted to a motion for summary judgment because matters outside the pleadings were considered)] the case for failure to comply with the certificate of good faith filing requirement in Tenn. Code Ann. § 29-26-122. The trial court denied the motion, finding that an exhibit attached to the complaint satisfied the certificate of good faith filing requirement. Because the exhibit did not contain all of the information required for a certificate of good faith, we reverse and remand.

Here is a link to the slip opinion:

https://www.tncourts.gov/sites/default/files/estate_of_beulah_blankenship_et_al._v._bradley_healthcare_and_rehabilitation_center_et_al..pdf .

NOTE: This is a must-read decision for anyone who is involved with medical malpractice cases (n/k/a health care liability actions) governed by Tennessee substantive law because it offers up a good discussions of certificates of good faith that are required under Tennessee Code Annotated section 29-26-122 in these types of cases.

Summary Judgment for Defense Reversed on Appeal Because Trial Court Failed to Support and Explain Its Reasoning in Its Order

The Tennessee Court of Appeals has released its opinion in Smith v. Walker, No. W2021-00241-COA-R3-CV (Tenn. Ct. App. Mar. 22, 2022). The syllabus from the slip opinion reads:

Appellants purchased a home from Appellee that was contaminated with mold. Appellants therefore filed suit against Appellee. The trial court granted summary judgment in Appellee’s favor. Because the trial court’s order does not comply with Rule 56.04 of the Tennessee Rules of Civil Procedure or Smith v. UHS of Lakeside, Inc., we vacate and remand.

Here is a link to the opinion:

https://www.tncourts.gov/sites/default/files/smithmartinaopn.pdf

NOTE: While this is a memorandum opinion and cannot be cited by others as authority, Smith v. Walker, No. W2021-00241-COA-R3-CV, slip op. at 1, n.1 (Tenn. Ct. App. Mar. 22, 2022) (citing Tenn. Ct. App. R. 10), the authorities therein can be cited by others. Further, this opinion (and the authorities it cites) is instructive and a must read for anyone who is involved with a motion for summary judgment in a Tennessee state court.