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Friday, August 10, 2012

Medical Malpractice: Another Opinion on Presuit Notice and the Saving Statute

The Tennessee Court of Appeals (Western Section) recently issued its opinion in Childs v. UT Medical Group, Inc., No. W2011-01901-COA-R3-CV (Tenn. Ct. App. August 8, 2012).  The opinion discusses the interplay between the newly enacted presuit notice provisions to medical malpractice claims and the saving statute.  Here's the summary from the slip opinion:
Plaintiffs filed a voluntary notice of nonsuit in this medical malpractice action in July 2009.  They refiled their claim in September 2010. The trial court dismissed Plaintiffs’ claim for failure to comply with Tennessee Code Annotated § 29-26-121 Plaintiffs appeal. We affirm.
Here's a link to the opinion:

New Opinion on Service of Process, Default Judgments, Appellate Practice, Etc.

The Court of Appeals (Middle Section (panel from the Eastern Section)) issued its opinion in Ramsay v. Custer, No. M2011-02490-COA-R3-CV (Tenn. Ct. App. Jul. 31, 2011).  The summary from the opinion states as follows:
In this case, the Trial Court initially granted plaintiff a default judgment against the defendant, and set a trial on the issue of damages. Defendant was given notice of the subsequent hearing, and defendant's attorney moved to set aside the default judgment, which the Trial Court granted and dismissed plaintiff's case. Plaintiff has appealed. We affirm the Judgment of the Trial Court.
 Here is a link to the opinion:

Wednesday, August 01, 2012

Missouri Supreme Court Strikes Down Caps on Noneconomic Damages as Unconstitutional

On July 31, 2012, the Missouri Supreme Court released its opinion in Watts ex rel. Watts v. Lester E. Cox Med. Ctrs., No. SC91867 (Mo. Jul. 31, 2012) (en banc).  The opinion holds, inter alia, that Missouri's cap on noneconomic damages is unconstitutional. 
Here's a link to the slip opinion: