All Content

Posted by: Amelia Ferrell Knisely on Mar 29, 2016

Court: TN Court of Appeals

Attorneys 1:

Joseph Michael Cook, Germantown, Tennessee, for the appellant, Timothy Sumner.

Attorneys 2:

Rebecca P. Tuttle, Memphis, Tennessee, for the appellee, Dr. Jeffrey Kutsikovich.

Judge(s): GOLDIN

This lawsuit centers on allegations that the Plaintiff received improper medical care at the hands of several Defendants. However, the present appeal concerns only the trial court?s dismissal of the Plaintiff?s claims against a single Defendant, Dr. Jeffrey Kutsikovich (“Dr. Kutsikovich”), a resident physician employed by the University of Tennessee. The trial court was of the opinion that the Plaintiff?s amended complaint stated only “tort medical battery claims” against Dr. Kutsikovich and that these claims were barred by the applicable one-year limitationperiod. Onappeal,thePlaintiffassertsthatthetrialcourterredinclassifyinghis claims and in determining that they were barred by the statute of limitations. Dr. Kutsikovich contends that the trial court?s dismissal was proper, not only for the stated grounds, but also due to waiver under Tennessee Code Annotated section 9-8-307(b) and the doctrine of sovereign immunity. Having reviewed the record transmitted to us, we conclude that the Plaintiff waived his claims against Dr. Kutsikovich in this case by asserting a claim against the State under the Tennessee Claims Commission Act. Accordingly, we affirm the trial court?s dismissal of Dr. Kutsikovich from this case, albeit for a different reason than held by the trial court.