DORIS JEAN KERR, INDIVIDUALLY, AND ON BEHALF OF WILLIE M. KERR v. TOMMY C. THOMPSON, M.D. - Articles

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Posted by: Tanja Trezise on Jun 9, 2015

Court: TN Court of Appeals

Attorneys 1:

John C. Ryland and Michael G. McLaren, Memphis, Tennessee, for the appellant, Tommy C. Thompson, M.D.

Attorneys 2:

Linda K. Garner, Memphis, Tennessee, for the appellee, Doris Jean Kerr, Individually and on behalf of Willie M. Kerr.

Judge(s): STAFFORD

The trial court denied the defendant doctor’s motion to dismiss this medical malpractice action on the ground that the plaintiff had substantially complied with Tennessee Code Annotated Section 29-26-122, despite the fact that her certificate of good faith did not contain a statement that the executing party had no prior violations of the good faith certificate requirement. This Court granted an interlocutory appeal. While this appeal was pending, the Tennessee Supreme Court issued its Opinion in Davis v. Ibach, No. W2013-02514-SC-R11-CV, --- S.W.3d ---, 2015 WL 3451613 (Tenn. May 29, 2015), ruling that Tennessee Code Annotated Section 29-26-122 does not require a party executing a certificate of good faith to note the absence of any prior violations of the good faith certificate requirement. Based on Davis, we conclude that plaintiff’s certificate of good faith was fully compliant with Tennessee Code Annotated Section 29-26-122. Accordingly, although we rely on different grounds, we affirm the trial court’s ruling denying the defendant doctor’s motion to dismiss.

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