Justia Tennessee Supreme Court Opinion Summaries

In this health care liability case Plaintiff sent Defendants pre-suit notice of the claim via FedEx. Defendants moved for summary judgment, alleging that Plaintiff failed to comply with the requirements of Tenn. Code Ann. 29-26-121(a)(3)(B) and (a)(4) by not using certified mail, return receipt requested, through the U.S. Postal Service. The trial court dismissed the complaint, concluding that strict compliance with the manner and proof of service requirements of sections 29-26-121(a)(3)(B) and (a)(4) was required. The court of appeals affirmed. The Supreme Court reversed, holding (1) the manner and proof of service prescribed by sections 29-26-121(a)(3)(B) and (a)(4) may be achieved through substantial compliance; (2) delivery of pre-suit notice by private commercial carrier and filing of proof with the complaint constitutes substantial compliance with sections 29-26-121(a)(3)(B) and (a)(4); and (3) because Defendants received notice and were not prejudiced by the manner of service, Plaintiff’s provision of pre-suit notice to Defendants through the use of FedEx and filing of proof with the complaint constituted substantial compliance with the manner and proof of service requirements of the pre-suit notice statute. Remanded. View "Arden v. Kozawa" on Justia Law

A jury awarded $3 million in compensatory damages to Plaintiff after finding that Defendant, Plaintiff's employer, retaliated against Plaintiff in violation of Title VII of the Civil Rights Act of 1964 and the Tennessee Human Rights Act. The court of appeals reversed, concluding that Plaintiff failed to show that his supervisor knew of his protected activity before she took adverse action against him. The Supreme Court reversed the decision of the court of appeals, reinstated the jury verdict, and remanded, holding that the jury’s verdict was supported by material evidence from which the jury could infer that the supervisor knew that Plaintiff had filed a discrimination lawsuit when she engaged in retaliatory conduct against Plaintiff. View "Ferguson v. Middle Tenn. State Univ." on Justia Law

Plaintiff filed a civil action in the general sessions court against Defendant, alleging that Defendant provided substandard medical treatment to her. Following a bench trial, the general sessions court entered judgment in favor of Defendant. Plaintiff filed a notice of appeal the next day and deposited with the general sessions court clerk $211.50, which represented the amount of the standard court cost for an appeal to the circuit court plus state and local litigation taxes. The circuit court dismissed Plaintiff’s appeal for lack of subject matter jurisdiction because Plaintiff failed to file an appeal bond in an amount sufficient to secure the “costs of the appeal” under Tenn. Code Ann. 27-5-103. The court of appeals reversed the dismissal of Plaintiff’s case, concluding that payment of the standard court cost and litigation taxes satisfies the appeal bond requirement of section 27-5-103. The Supreme Court affirmed, holding that Plaintiff’s cash bond was sufficient to perfect her appeal to the circuit court. View "Griffin v. Campbell Clinic, P.A." on Justia Law

Plaintiff filed suit against three health care providers. The trial court granted motions for summary judgment dismissing all the claims against one of the providers. The trial court did not explain the grounds for its decisions and, rather, requested counsel for the provider to prepare orders establishing the rationale for the court’s ruling. In response, the provider’s counsel prepared “extremely detailed” orders essentially restating the arguments contained in the provider’s filings in support of its summary judgment motions. The trial court signed the orders over Plaintiff’s objections. The court of appeals vacated the contested orders because the trial court had failed to state the legal grounds for its decisions as required by Tenn. R. Civ. P. 56.04. The Supreme Court affirmed, holding that trial court failed to comply with Rule 56.04 because the summary judgment orders did not demonstrate that the court exercised its own independent judgment in reaching its decision. View "Smith v. UHS of Lakeside, Inc." on Justia Law

Plaintiff filed a health care liability action against Defendant-health care providers. Six days before filing his complaint, Defendant sent a pre-suit notice of his potential claim to each Defendant by certified mail, return receipt requested, as permitted by Tenn. Code Ann. 29-26-121(a)(1). Defendants filed a motion to dismiss on the basis that Plaintiff failed to file with his complaint an affidavit of the person who had sent the pre-suit notice by certified mail. The trial court dismissed the complaint. The court of appeals affirmed but noted the harsh results strict compliance produces in cases such as this one where no prejudice is alleged. The Supreme Court reversed and reinstated the complaint, holding (1) the statutory requirement that an affidavit of the person who sent the pre-suit notice by certified mail be filed with the complaint may be satisfied by substantial compliance; and (2) Plaintiff substantially complied with the statute in this case. View "Thurmond v. Mid-Cumberland Infectious Disease Consultants, PLC " on Justia Law