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Harbison v. Brakebill Nursing Home11/9/2000
issue in this appeal in October of 1998; it was dismissed on a motion for summary judgment on June 14, 1999.
DISCUSSION
The plaintiff claims the chancellor erred in granting the motion for summary judgment filed by the defendant. The plaintiff's argument seems to focus on the fact that he followed the mandate of Rule 25 for substituting parties. However, the plaintiff failed to answer the motion for summary judgment or otherwise present any showing of compliance with the mandates of Rule 25.
The defendant filed a motion for summary judgment based upon the statute of limitations to which the defendant failed to respond. Tennessee Code Annotated ยง 50-6-203 limits the filing of the action to "within one year of the date of the last authorized treatment or the time the employer shall cease making such payments . . . ." The defendant filed supporting affidavits showing that the last date for filing the complaint within the statute of limitations was February 4, 1995.
A motion for summary judgment goes to the merits of the litigation and one faced with such a motion may neither ignore it nor treat it lightly. Ferguson v. Tomerlin, 656 S.W.2d 378 (Tenn. Ct. App. 1983). The plaintiff filed no response to the motion for summary judgment, and nothing appears in the pleadings that would justify extension of the statute of limitations. The record shows on its face that the statute of limitations had run. The evidence does not preponderate against the chancellor's ruling in favor of the defendant on the motion for summary judgment.
For the reasons stated herein, we affirm the judgment of the trial court. The costs of the appeal are taxed to the plaintiff.
John K. Byers, Senior Judge
CONCUR:
William M. Barker, Justice
Howell N. Peoples, Special Judge
Page 1 2 Tennessee Personal Injury Attorneys
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