FRANCES E. MILLER EX REL. ARNOLD EDWARD MILLER, SR. V. COOKEVILLE REGIONAL MEDICAL CENTER ET AL. - Articles

All Content


Posted by: Chandra Williams on Sep 30, 2015

Court: TN Court of Appeals

Attorneys 1:

Euel Walter Kinsey, Jr., Detroit, Michigan, for the appellant, Frances E. Miller.

Attorneys 2:

Cynthia A. Wilson, Cookeville, Tennessee, for the appellee, Cookeville Regional Medical Center.

Judge(s): CLEMENT

Plaintiff filed this medical malpractice action1 on September 8, 2011, pursuant to the Tennessee Medical Malpractice Act (“the TMMA”) against Cookeville Regional Medical Center, which is a governmental entity subject to the Governmental Tort Liability Act (“the GTLA”). The Medical Center filed a motion to dismiss for failure to state a claim, relying upon the Supreme Court’s decision in Cunningham v. Williamson Cnty. Hosp. Dist., 405 S.W.3d 41 (Tenn. 2013), to support its assertion that Plaintiff’s suit was untimely filed because it was not filed within the one-year statute of limitations set forth in the GTLA, Tenn. Code Ann. § 29-20-305(b) (2012). Plaintiff responded contending that the Cunningham decision should be applied prospectively only, so as to preserve Plaintiff’s claim as timely. The trial court found the decision in Cunningham controlling and dismissed the complaint as untimely filed. We affirm.

Attachments: