Day on Torts

Discussion of the “common knowledge” and “extraordinary cause” excuses to avoid compliance with filing a certificate of good faith

Thinking about not filing a certificate of good faith in a health care liability action in Tennessee? Read this opinion to learn the potential issues when one raises the “common knowledge” exception to the general rule requiring experts in such cases and the “extraordinary cause” required to avoid dismissal if you don’t file a certificate of good faith.

In Ruff v. Vanderbilt University Medical Center, No. M2022-01414-COA-R3-CV (Tenn. Ct. App. June 25, 2024), plaintiff filed a health care liability suit based on his previous eye surgery. Plaintiff alleged that the two surgeons failed to properly position his left eye back in its socket, causing his eye to bulge.

Although plaintiff complied with the HCLA pre-suit notice requirements, he failed to file a certificate of good faith with his complaint. Defendant moved to dismiss, which the trial court granted, and the Court of Appeals affirmed.

Default judgment and damages affirmed in shooting case

Where a premises liability defendant failed to file an answer and first participated in the case seven years after it was commenced, denial of his motion to set aside the default judgment was affirmed.

In Crutcher v. Ellis, No. M2023-00283-COA-R3-CV (Tenn. Ct. App. June 4, 2024), plaintiff was shot at point-blank range in a nightclub. Plaintiff filed this premises liability case against several defendants in 2015, but the only defendant at issue in this appeal was the owner and operator of the nightclub.

Defendant failed to respond to the complaint, and plaintiff obtained a default judgment. Defendant made no appearance whatsoever in the case until February 2022, when he appeared at the hearing on plaintiff’s motion to set a date to determine damages. The damages hearing was set for August 2, 2022. Defendant filed a motion for continuance the day before that hearing, which was denied.

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