New Health Care Liability Action Opinion: Trial Court's Denial of Defense's Motion to Dismiss Based on a Finding of "Excusable Neglect" Reversed on Appeal

The Tennessee Court of Appeals has released its opinion in Moxley v. Amisub SFH, Inc., No. W2021-01422-COA-R9-CV (Tenn. Ct. App. Aug. 29, 2022). The syllabus reads:

In this interlocutory appeal of a health care liability action, the only issue for review is whether the trial court erred in denying the defendants’ motions to dismiss based on its finding that “extraordinary cause” existed to excuse the plaintiff’s failure to comply with the statutory pre-suit notice requirem)nts. For the following reasons, we reverse and remand for further proceedings.

Here is a link to the slip opinion: 

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

NOTE: There is subsequent history to this case. Moxley v. Amisub SFH, Inc., No. W2023-00220-COA-R3-CV (Tenn. Ct. App. Apr. 24, 2024). This latest opinion has been designated as a "MEMORANDUM OPINION" and "shall not be cited or relied on for any reason in any unrelated case." Id., slip op. at 2, fn. 1. Despite that designation, it still sheds light on the history of Moxley.