TIFFANY SHOCKLEY, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF TERRY STREET v. MENTAL HEALTH COOPERATIVE, INC. - Articles

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Posted by: Tanja Trezise on Nov 5, 2013

Court: TN Court of Appeals

Attorneys 1:

Clinton L. Kelly, Henderson, Tennessee, and Thomas Boyers, V., Gallatin, Tennessee, for the appellants, Tiffany Shockley, Individually and as Personal Representative of the Estate of Terry Street.

Attorneys 2:

Wendy Lynne Longmire and T. William A. Caldwell, Nashville, Tennessee, for the appellee, Mental Health Cooperative, Inc.

Judge(s): STAFFORD

The trial court dismissed Appellant’s medical malpractice and wrongful death case for failure to comply with the pre-suit notice requirement found in Tennessee Code Annotated Section 29-26-121(a). Appellant’s pre-suit notice contained a misnomer, naming the Appellee’s fundraising entity, rather than Appellee, as the proper defendant. The trial court determined that under the Tennessee Supreme Court’s holding in Myers v. AMISUB (SFH), Inc., 382 S.W.3d 300, 307 (Tenn. 2012), substantial compliance was not effective to satisfy the statutory requirement for pre-suit notice. Furthermore, because the type of notice required under Section 29-26-121 precedes the filing of the lawsuit, it is not the same type of notice as required for correction of misnomers in pleadings under Tennessee Rule of Civil Procedure 15.03; thus, this rule will not operate to cure the misnomer in the pre-suit notice. Because the Appellant failed to show extraordinary cause for failure to comply with the pre-suit notice, we affirm the trial court’s order dismissing this matter. Affirmed and remanded.

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