CLIFFORD SWEARENGEN v. DMC-MEMPHIS, INC., ET AL. - Articles

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Posted by: Tanja Trezise on Apr 2, 2015

Court: TN Court of Appeals

Attorneys 1:

Ronald Krelstein, Germantown, Tennessee, and Steven Markowitz, Memphis, Tennessee, for the appellant, Clifford Swearengen.

Attorneys 2:

Jonathan Martin and Joshua Hillis, Memphis, Tennessee, for the appellee, DMC-Memphis, Inc. d/b/a Delta Medical Center.

Joseph M. Clark and Samantha E. Bennett, Memphis, Tennessee, for the appellees, Prism Medical Group, PLC, Michael Johnson, M.D., and Jeffrey Stricklin, NP.

Judge(s): ARMSTRONG

This is an appeal from the trial court?s grant of a motion to dismiss Appellant?s medical malpractice action1 against defendants named in Appellant?s amended complaint filed more than one year after the cause of action accrued. The trial court found that Appellant?s claims against the additional parties were time barred because the amended complaint adding these parties was not filed within ninety days of the original answer asserting comparative fault against non-parties. Discerning no error, we affirm and remand.

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