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Frazier v. East Tennessee Baptist Hospital9/26/2000
In this medical malpractice case brought by Clara Frazier, as Administratrix of the Estate of Josie Mae Blalock Pickens against East Tennessee Baptist Hospital, Inc., and Mark W. Jackson, M.D., the Trial Court sustained the motion of Baptist Hospital for summary judgment because the order granting an amendment to add Baptist Hospital as a party defendant after a non-suit had earlier been taken, was not timely and exceeded the one year mandated in T.C.A. 28-1-105(a). Ms. Frazier appeals, insisting that Rule 15.03 of the Tenn. R. Civ. P. is applicable and that the amendment related back to the date of the initial filing. We find the Trial Court acted properly and affirm.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed
Houston M. Goddard, P.J., delivered the opinion of the court, in which Herschel P. Franks and D. Michael Swiney, joined.
OPINION
This is a medical malpractice suit by Clara Frazier, as Administratrix of the Estate of Josie Mae Blalock Pickens against East Tennessee Baptist Hospital, Inc., and Mark W. Jackson, M. D. The Trial Court sustained Baptist Hospital's motion to dismiss on the ground that the amended complaint, which added Baptist Hospital as a party defendant after having taken a non-suit as to the original complaint, was time- barred because it was not filed within one year of the non-suit as required by T.C.A. 28-1-105(a). (See appendix). The Administratrix appeals, contending the amended complaint adding Baptist Hospital met requirements of 15.03 of the Tenn. R. Civ. P.(see appendix), which sets out the relation-back doctrine.
Because the question presented is one purely of law, our review is de novo without any presumption of correctness. Nash v. Mulle, 846 S.W.2d 803, 804 (Tenn.1993).
We now list chronologically the pleadings and orders necessary for a resolution of this appeal:
1. May 8, 1998. Complaint filed by Ms. Frazier against East Tennessee Baptist Hospital, Inc., and Mark W. Jackson, M.D.
2. June 2, 1998. Answer filed by Baptist Hospital of East Tennessee, Inc.
3. August 7, 1998. Plaintiffs' notice of voluntary dismissal as to Baptist Hospital.
4. August 7, 1998. Order dismissing suit against Baptist Hospital without prejudice.
5. August 5, 1999. Motion to amend complaint to name Baptist Hospital as a party defendant again.
6. August 10, 1999. Order granting the foregoing amendment and directing summons to issue as to the amended complaint.
7. September 20, 1999. Motion of Baptist Hospital to dismiss complaint as to it.
8. December 16, 1999. Plaintiffs' motion to amend to name Baptist Hospital of East Tennessee, Inc., as defendant rather than East Tennessee Baptist Hospital, Inc.
9. January 11, 2000. Order granting motion to dismiss and entering judgment in favor of Baptist Hospital, which was made final pursuant to Rule 54.02 of the Tenn. R. Civ. P.
The Administratrix relies upon the case of Floyd v. Rentrop, 675 S.W.2d 165 (Tenn.1984). In that case the complaint was originally filed against John M. Reisser, M.D., and St. Francis Hospital. Before Dr. Reisser filed an answer or otherwise pleaded, a non-suit was taken as to him and an amended complaint filed naming William E. Rentrop, M.D., as a party defendant. Various medical records in the record disclosed that there was a conflict as to who in fact performed the surgery, giving rise to the malpractice action.
The Trial Court denied the motion to amend and an interlocutory appeal was granted by the Trial Judge and the Court of Appeals and, ultimately, the case wa
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