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Maestas v. Sofamor Danek Group12/21/2000
The plaintiffs alleged that defendants' products, surgically implanted in their backs, were defective. The trial court granted summary judgment for defendants on grounds that the statute of limitations had expired. The plaintiffs appealed, contending that: 1) genuine issues of material fact existed as to whether the statute of limitations was tolled by the "discovery rule"; and 2) under the doctrine of "cross- jurisdictional tolling," the statute of limitations was tolled during the period in which the plaintiffs sought class certification in a class action filed in federal court. We decline to adopt the doctrine of cross-jurisdictional tolling. As the plaintiffs have conceded a "universal date of discovery" that is outside the applicable statute of limitations, our rejection of cross-jurisdictional tolling renders the plaintiffs' claims time-barred. Accordingly, we need not address the "discovery rule" issue raised by plaintiffs. The judgment of the Court of Appeals, affirming the trial court's grant of summary judgment, is hereby affirmed.
Tenn. R. App. P. 13 Appeal by Permission; Judgment of the Court of Appeals Affirmed.
Janice M. Holder, J., delivered the opinion of the court, in which E. Riley Anderson, C.J., and Adolpho A. Birch, Jr. and William M. Barker, J.J., joined. Frank F. Drowota, III, J., not participating.
OPINION
The plaintiffs in this case each underwent back surgery in which implants were affixed to their spines using pedicle screws. These devices were manufactured by Sofamor Danek Group, Inc. ("SDG") and other named defendants. The plaintiffs claim that the pedicle screws and implants used in the surgical procedure caused them injury or exacerbated pre-existing medical conditions.
Plaintiff Maestas' implant surgery was performed on December 17, 1990. Plaintiff Camara had two such surgeries, the first on December 2, 1991, and the second on May 21, 1993. Plaintiff Hill also had two surgeries, the first on March 22, 1992, and the second on February 21, 1994. Plaintiff Shook's surgery was performed on June 19, 1991.
In December 1993, 20/20, a television news program, aired an installment in which pedicle screws and related hardware were characterized as defective. Apparently in response to the 20/20 program, a class action was filed in federal court that same month in regard to the allegedly defective products. Class action certification was denied on February 24, 1995. Following denial of the class action, plaintiffs, along with hundreds of others, filed suit against SDG in Shelby County, Tennessee. Maestas filed suit on October 23, 1995; Camara, Hill, and Shook filed suit on October 12, 1995.
SDG moved for summary judgment. Its motion was granted by the trial court on grounds that the statute of limitations had expired. The Court of Appeals affirmed. We granted review to address the following issues: 1) whether genuine issues of material fact exist as to when the plaintiffs discovered or reasonably should have discovered their injuries; and 2) whether the doctrine of cross-jurisdictional tolling tolled the statute of limitations in this case.
DISCOVERY RULE
The plaintiffs concede a universal date of discovery applicable to each of them even if SDG's motion for summary judgment had been denied. They allege in their brief that "the airing of the 20/20 television show is the date that begins the running of the statute of limitation regarding all claims against Appellees." SDG does not dispute this contention. It is therefore undisputed that the statute of limitations began to run no later than that date. The 20/20 program aired on December 17, 1993. Assuming that the statute of l
Page 1 2 3 Tennessee Personal Injury Attorneys
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