New Health Care Liability Action Opinion: Trial Court's Dismissal of Plaintiff's Case Upheld on Appeal Due to Noncompliance with Statutory Presuit-notice Requirements

The Tennessee Court of Appeals recently released its decision in Woods v. Arthur, No. W2019-01936-COA-R3-CV (Tenn. Ct. App. Mar. 23, 2021).  The syllabus from the slip opinion reads:

This appeal concerns the dismissal of a health care liability action for failure to comply with a pre-suit notice content requirement in Tenn. Code Ann. § 26-29-121(a)(2). The trial court determined that the plaintiff failed to provide the defendant doctors and hospital with medical authorization forms that would permit pre-suit investigation of his claims. The plaintiff contends the dismissal was unwarranted because the medical authorizations substantially complied with the statute and the defendants already had the relevant records. The defendants argue that the forms were invalid because they lacked several required elements, including a description of the purpose for which the records could be disclosed and used. We affirm.

Here is a link to the slip opinion: 

https://www.tncourts.gov/sites/default/files/woodsarthuropn_3.pdf.

NOTE: As I have noted in the past, an authorization may not be needed for the defendants to share medical records.  If that ends up being true, all these decision holding that a case should be dismissed due to some defect in an authorization are wrongly decided.  Tony Duncan, New Health Care Liability Action Opinion: Trial Court's Dismissal of Action as Time-barred Overturned on Appeal, TONY DUNCAN L. BLOG, Note (Jul. 3, 2018, 3:58 PM), http://theduncanlawfirm.blogspot.com/2018/07/new-health-care-liability-action.html.

New Auto Case: Out-of-state Automotive Insurance Policy Construed on Appeal: Summary Judgment for Insuror Reversed and Summary Judgment for Insured to Be Granted on Remand

The Tennessee Court of Appeals just released its opinion in Progressive Specialty Insurance Company v. Kim, No. M2019-01998-COA-R3-CV (Tenn. Ct. App. Mar. 22, 2021).  The syllabus from the slip opinion reads:

After being injured in a car accident, a man filed a negligence lawsuit against several defendants, including the driver of the vehicle and the company that employed the driver. The insurance company that provided insurance coverage to the company in Alabama filed a declaratory judgment action seeking a determination of whether the policy provided liability coverage for the company in the underlying tort action. After the insurance company and the plaintiff in the underlying tort action filed cross-motions for summary judgment, the trial court granted summary judgment to the insurance company based on respondeat superior principles. We conclude that the trial court erred in granting summary judgment to the insurance company because, under Alabama law, the policy provided liability coverage for the company at the time the accident occurred.

Here is a link to the slip opinion:

https://www.tncourts.gov/sites/default/files/progressivespecialtyins.co_.opn_.pdf.

NOTE: This is an excellent opinion on the doctrine of lex loci contractus (while it does not mention the doctrine specifically, the doctrine is discussed extensively in Nelson v. Nelson, 409 S.W.3d 629 (Tenn. Ct. App. 2013), which is cited on page 4 of this slip opinion). In cases like this one, as a matter of contract, the law of the state where the contract was made controls, i.e., the "lex loci contractus."  Since people are becoming increasingly mobile, and because Tennessee has eight border states, this opinion is a must-read for any lawyer who handles auto tort cases in Tennessee because it explains very well how out-of-state automotive insurance polices are to be interpreted under this doctrine in a Tennessee civil action.    

New Case Discussing Proper Procedure for Reviving Tort Suit Against a Tortfeasor Who Dies Before Suit Is Filed: Trial Court's Dismissal of Action as Untimely Upheld on Appeal

The Tennessee Court of Appeals released its decision today in Mott. v. Luethke, No. E2020-00317-COA-R3-CV (Tenn. Ct. App. Mar. 16, 2021).  The syllabus from the slip opinion reads:

Following an automobile accident that occurred on March 22, 2016, the plaintiff filed a cause of action, in the form of a civil summons, in the Washington County General Sessions Court . . . on March 3, 2017, seeking an award of damages from the defendant, who was the other driver involved in the car accident. Unbeknownst to the plaintiff, however, the defendant had passed away in December 2016. On January 31, 2018, the plaintiff filed a “re-issue[d]” summons to be served upon the administrator ad litem of the decedent’s estate. After the matter was subsequently transferred to Washington County Circuit Court . . . , the trial court granted the administrator’s motion for summary judgment, determining that the plaintiff had failed to timely file his tort action against the personal representative within the applicable statute of limitations. The trial court consequently dismissed the plaintiff’s claims with prejudice. The plaintiff has appealed. Discerning no reversible error, we affirm.

Here is a link to the slip opinion:

https://www.tncourts.gov/sites/default/files/vernon_mot_v._k_jeffrey_luethke_esq._et_al..pdf.

NOTE: This is an excellent decision!  It is also a must-read one for any lawyer who must deal with the issue of revivor of a claim against a tortfeasor who dies before suit is filed under Tennessee substantive law.  It also touches upon equitable estoppel.  Worth the time it takes to read it.   

New Case on Judgment on the Pleadings and the Discovery Rule to Toll the Statute of Limitations in a Legal Malpractice Case

In October 2020, the Tennessee Court of Appeals released its opinion in Culpepper v. Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., No. E2019-01932-COA-R3-CV (Oct. 16, 2020).  The syllabus from the slip opinion reads:

In this legal malpractice action, the trial court granted judgment on the pleadings in favor of the defendants, determining that the plaintiff had waived any conflict of interest in his signed engagement letter. The court also ruled that the plaintiff’s legal malpractice claims were barred by the applicable statute of limitations. The plaintiff has appealed. Upon our review of the pleadings and acceptance as true of all well-pleaded facts contained in the plaintiff’s complaint and the reasonable inferences that may be drawn therefrom, we determine that the plaintiff has pled sufficient facts in support of his claim of legal malpractice. We therefore reverse the trial court’s grant of judgment on the pleadings with regard to the plaintiff’s legal malpractice claim.

(Footnote omitted.)

Here is a link to the slip opinion:

https://www.tncourts.gov/sites/default/files/culpepper_v._baker_donelson_e2019-01932.pdf

NOTE: This case discusses judgment on the pleadings and the discovery rule under Tennessee law.  It is a good read.  Please note, however, that it was appealed to SCOTN on January 11, 2021 (https://www2.tncourts.gov/PublicCaseHistory/) and no decision has been made as to whether SCOTN will take it up yet.  Until that happens, one must, obviously, monitor this case before citing it.  Stay tuned.