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Gunter v. Laboratory Corp. of America12/19/2003
I. Facts and Procedural History
The facts as alleged by the appellee, Stanley A. Gunter, reveal that a judgment establishing paternity and ordering the payment of child support was entered against him based, in part, on the results of a blood test performed by the appellant, Laboratory Corporation of America (d/b/a LabCorp). The results of that test were issued on May 25, 1999, and indicated that there was a 99.94 % chance that Gunter was the father of J. C. Gunter asserted, however, that he never had sexual relations with the mother of the child. Thus, he contended, in a complaint filed on September 21, 2001, that LabCorp negligently performed the paternity test and overstated the probability of paternity. His complaint alleged negligence and breach of contract, and he sought damages in the amount of the economic loss occasioned by the obligation imposed upon him to make child support payments.
LabCorp, contending that the one-year statute of limitations applicable to medical malpractice claims or personal injury claims applied and had run prior to the filing of the complaint, moved to dismiss the complaint for failure to state a claim upon which relief can be granted. See Tenn. R. Civ. P. 12.02(6) (2003). Gunter responded that the three-year statute of limitations for personal property tort actions should be applied instead. The trial court ruled that the case was "governed by the applicable one year statute of limitations" in Tennessee Code Annotated sections 28-3-104 and 29-26-116. Tennessee Code Annotated section 29-26-116(a)(1) (2000) provides that " he statute of limitations in malpractice actions shall be one (1) year as set forth in [section] 28-3-104." Tennessee Code Annotated section 28-3-104 (2000) provides that the statute of limitations for injuries to the person shall be commenced one year after the cause of action accrued. On appeal, the Court of Appeals reversed the trial court's ruling, holding that Gunter's complaint stated a cause of action for injuries to personal property, and thus is controlled by the three-year statute of limitations set forth in Tennessee Code Annotated section 28-3-105. We granted permission to appeal pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure to determine the applicable statute of limitations in Gunter's action against LabCorp.
II. Standard of Review
On appeal to this Court, LabCorp challenges the sufficiency of the complaint, contending that under the applicable one-year statute of limitations the complaint is time-barred. "The applicable statute of limitations in a particular cause will be determined according to the gravamen of the complaint." Vance v. Schulder, 547 S.W.2d 927, 931 (Tenn. 1977). The determination of the gravamen of the complaint is a question of law which may be appropriately addressed in a motion to dismiss under Rule 12.02(6) of the Tennessee Rules of Civil Procedure.
A Rule 12.02(6) motion to dismiss for failure to state a claim upon which relief can be granted tests only the sufficiency of the complaint, not the strength of a plaintiff's proof as does, for example, a motion for a directed verdict. The failure to state a claim upon which relief can be granted is determined by an examination of the complaint alone. The basis for the motion is that the allegations contained in the complaint, considered alone and taken as true, are insufficient to state a claim as a matter of law. The motion admits the truth of all relevant and material averments contained in the complaint but asserts that such facts do not constitute a cause of action. In scrutinizing the complaint in the face of a Rule 12.02(6) motion to dismiss, courts should construe the c
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