MARK W. GIVLER v. STATE OF TENNESSEE - Articles

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Posted by: Landry Butler on Mar 29, 2018

Court: TN Court of Appeals

Attorneys 1:

Mark W. Givler, Mountain City, Tennessee, Pro Se.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter; Andre´e Blumstein, Solicitor General; and Pamela S. Lorch, Senior Counsel, for the appellee, State of Tennessee

Judge(s): FRIERSON

This case originated when the plaintiff, who was incarcerated in the Tennessee Department of Correction facility at Mountain City, Tennessee, filed a claim against the State of Tennessee (“the State”), alleging that medical professionals at the correctional facility had provided him with untimely and inadequate medical care for a serious heart condition. Finding that the plaintiff’s allegations concerned individuals who were not employed by the State, the Claims Commission (“Commission”) initially dismissed the claim for lack of subject matter jurisdiction. The plaintiff subsequently attempted to file a proposed amendment naming State employees as defendants and then a second claim, resulting in the instant action. The State filed a motion to dismiss, asserting the defense of res judicata. Finding that the plaintiff had misnumbered his proposed amendment to the original claim, the Commission treated the proposed amendment and second claim together as an amended claim. Ultimately determining that the plaintiff had alleged a health care liability action but failed to comply with the statutory prerequisites for such a suit and that he had failed to establish the Commission’s jurisdiction over intentional or criminal acts allegedly committed by State employees, the Commission entered a final order dismissing the action. The plaintiff has appealed. Determining that the plaintiff has failed to comply with Tennessee Rule of Appellate Procedure 27 and Tennessee Court of Appeals Rule 6, we dismiss this appeal.

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