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Wednesday, April 21, 2021

New Health Care Liability Action Opinion: Trial Court's Dismissal of Refiled Suit Upheld on Appeal Due to Failure to Provide Statutorily Required Presuit Notice of Second Suit

The Tennessee Court of Appeals has released its opinion in Byington v. Reaves, No. E2020-01211-COA-R3-CV.  Here is the syllabus from the slip opinion:

This is a health care liability case. The trial court granted Appellees’ motion to dismiss because Appellant failed to provide Appellees with the proper pre-suit notice under Tennessee Code Annotated section 29-26-121(a)(1). Discerning no error, we affirm.

Here is the link to the slip opinion:

NOTE: Procedurally, this case is mess.  In a nutshell, the suit that is the subject of this appeal, which was plaintiff's second suit against the defendants, was dismissed because the plaintiffs failed to send to the defendants the statutorily required presuit notice letters.  Byington, slip op. at 4–5.  

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