CINDY A. TINNEL V. EAST TENNESSEE EAR, NOSE, AND THROAT SPECIALISTS, P.C. ET. AL. - Articles

All Content


Posted by: Tanja Trezise on Feb 25, 2015

Court: TN Court of Appeals

Attorneys 1:

D. Scott Hurley and Ryan N. Shamblin, Knoxville, Tennessee, for the appellant, Cindy A. Tinnel.

Attorneys 2:

James H. London, Mark A. Castleberry, and J. David Watkins, Knoxville, Tennessee, for the appellees, East Tennessee Ear, Nose, and Throat Specialists, P.C. and Richard L. Schultz, M.D.

Judge(s): MCCLARTY

This is a medical malpractice action. Plaintiff filed a complaint after sending pre-suit notices to Defendants. After voluntarily dismissing the complaint, Plaintiff filed a second set of pre-suit notices before re-filing the complaint. The pre-suit notices were filed within one year of the voluntary dismissal. Defendants moved for summary judgment, alleging that the re-filed complaint was untimely because it was not filed within one year of the dismissal pursuant to the saving statute. Plaintiff responded that the re-filed complaint was timely because the pre-suit notices entitled her to a 120-day extension of the saving statute pursuant to Tennessee Code Annotated section 29-26-121(c). The trial court dismissed the action. Plaintiff appeals. We reverse the decision of the trial court.

Attachments: