SAMMIE L. BROOKINS ET AL. V. OWEN B. TABOR, JR., ET AL. - Articles

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Posted by: Landry Butler on Mar 15, 2018

Court: TN Court of Appeals

Attorneys 1:

Sammie L. Brookins and Deloris T. Brookins, Memphis, Tennessee, Pro Se.

Attorneys 2: John O. Alexander, IV, Memphis, Tennessee, and Jennifer Vallor Ivy, Jackson, Tennessee, for the appellee, John D. Fleenor.

Joseph M. Clark and Samantha Erin Bennett, Memphis, Tennessee, for the appellees, Owen B. Tabor, Jr., Margarita Lamothe, and MSK Group, PC.

Judge(s): BENNETT

A plaintiff filed a health care liability complaint in 2015 against several physicians and entities that he later non-suited in order to comply with the pre-suit notice requirements set forth in Tenn. Code Ann. § 29-26-121(a). The plaintiff then filed a second complaint against the same defendants, relying on the saving statutes of Tenn. Code Ann. § 28-1- 105 and Tenn. Code Ann. § 29-26-121(c) to extend his statute of limitations. The plaintiff’s wife joined him as a plaintiff in the second complaint. The defendants filed motions to dismiss, alleging non-compliance with the pre-suit notice requirements and the statute of limitations. The trial court granted all of the defendants’ motions and dismissed the complaint. The plaintiffs appealed the trial court’s dismissal of the complaint against the physicians. Interpreting the complaint liberally and presuming the truth of plaintiffs’ allegations regarding the HIPAA authorizations, we reverse the trial court’s dismissal of the complaint against two of the physicians and affirm the dismissal of the complaint against one of the physicians on statute of limitations grounds. We affirm the trial court’s judgment dismissing the wife’s claims against all of the defendants.

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