By The Law Offices of John Day, P.C. on Dec 28, 2023 06:00 am
The Tennessee Supreme Court has accepted Rule 11 review of Richards v. Vanderbilt University Medical Center, No. M2022-00597-COA-R3-CV, 2023 WL 4451631 (Tenn. Ct. App. July 11, 2023). Plaintiff first filed suit on December 12, 2014, relying on the 120-extension of the statute of limitations provided by Tenn. Code Ann. Sec. 29-26-121. to commence an action that arose in August of 2013. That case was voluntarily dismissed without prejudice on October 4, 2019. Mandatory pre-suit notice was given again and suit was re-filed on January 28, 2021, with Plaintiff once again relying on the the 120-day extension of the statute of limitations referenced in the notice statute. Vanderbilt moved to dismiss, arguing that Plaintiff was not entitled to rely on the 120-day extension of the statute of limitations on the second filing, and therefore the second case must be dismissed because it was not filed within one year of the date of the previous dismissal. Vanderbilt relied on this language in subsection (c) of the notice statute: “nor shall more than one (1) extension be applicable to any provider.”
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