CEOLA JOHNSON, INDIVIDUALLY AND ON BEHALF OF WILLIE JOHNSON, JR. v. UHS OF LAKESIDE, LLC - Articles

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Posted by: Amelia Ferrell Knisely on Dec 23, 2015

Court: TN Court of Appeals

Attorneys 1:

Robert L.J. Spence, Jr., Regina Guy, and E. Lee Whitwell, Memphis, Tennessee, for the appellant, Ceola Johnson, Individually and on behalf of Willie Johnson, Jr.

Attorneys 2:

Ashley D. Cleek and John O. Alexander, IV, Jackson, Tennessee, for the appellee, UHS of Lakeside, LLC.

Judge(s): STAFFORD

Plaintiff filed a health care liability action on behalf of her deceased husband. Plaintiff provided pre-suit notice more than one year after the cause of action accrued and subsequently filed a complaint. Defendant filed a motion to dismiss based on the applicable one-year statute of limitations. Plaintiff argued that her husband had been “adjudicated incompetent” within the meaning of Tennessee Code Annotated Section 28- 1-106 and that the statute of limitations was accordingly tolled. The trial court dismissed Plaintiff?s case with prejudice finding that the statute unambiguously required a judicial adjudication of incompetency in order to toll the statute of limitations, and Plaintiff?s husband had not been judicially adjudicated incompetent within the meaning of the statute at the time the cause of action accrued. Discerning no error, we affirm.