Sanders v. Traver6/12/2002
In this wrongful death action filed pursuant to the Governmental Tort Liability Act against Blount Memorial Hospital, Incorporated, the Trial Court dismissed the action, holding that it was not filed within twelve months, as required by the statute.
The issue on appeal, simply stated, is when the statute of limitations runs on a Sunday and the following Monday is a holiday, is the cause of action timely filed under the Governmental Tort Liability Act when filed on Tuesday?
The facts are basically not in dispute. Decedent was admitted to Blount Memorial Hospital on May 26, 1999 for surgery. It is stipulated that the hospital is a governmental entity within the meaning of the GTLA. Decedent's death occurred in the hospital on May 28, 1999, and the one-year anniversary of Decedent's death fell on Sunday, May 28, 2000. Monday, May 29, 2000, was Memorial Day, a state and federal holiday, and the Courts were closed. This wrongful death action was filed on Tuesday, May 30, 2000.
Defendant, in its answer, raised the statute of limitations defense, citing both Tenn. Code Ann. §29-20-305(b) and 28-3-104(a). The Trial Court concluded that the GTLA supercedes and takes precedence over all other statutory provisions and that no special computation of time for the statute of limitations is set forth in the Act, and the case was dismissed.
Issues of statutory interpretation and construction are questions of law, thus appellate review proceeds de novo without any presumptions of correctness of the trial court's determinations. Lipscomb v. Doe, 32 S.W.3d 840, 844 (Tenn. 2000); Wells v. Tennessee Bd. Of Regents, 9 S.W.3d 779, 783 (Tenn. 1999); Lavin v. Jordon, 16 S.W.3d 362, 364 (Tenn. 2000).
On appeal, plaintiff's position is that because the statute of limitations ran on Sunday and the following Monday was Memorial Day , her suit was timely filed on Tuesday, May 30, pursuant to Tenn. R. Civ. P. 6.01. Defendant contends that because the case is subject to the GTLA, strict compliance with Tenn. Code Ann. §29-20-305(b), which states: "The action must be commenced within twelve (12) months after the cause of action arises." is required. Since the plaintiff did not file within twelve months, the "untimely filing" on May 30 effects an impermissible "enlarging" of the statute of limitations.
Under the doctrine of sovereign immunity, governmental entities waive their immunity when sued, only upon the terms to which they consent, including to what extent, when, in what forum and in what manner suit may be brought. Cruse v. City of Columbia, 922 S.W.2d 492, 495 (Tenn. 1995). However, the legislature has the authority to waive this protection, as derived from the Tennessee Constitution, Art. I, §17 which states that " uits may be brought against the State in such manner and in such courts as the Legislature may by law direct." The constitutional provision carries with it a "positive implication that [suits] shall not be brought otherwise or at all unless legislative authority therefor be affirmatively given." Insurance Co. v. Craig, 62 S.W. 155, 156 (Tenn. 1901).
The most basic principle of statutory construction is to ascertain and give effect to the intention and purpose of the Legislation. Hawks v. City of Westmoreland, 960 S.W.2d 10, 16 (Tenn. 1997); Carson Creek Vacation Resorts, Inc., v. State Dept. of Revenue, 865 S.W.2d 1, 2 (Tenn. 1998).
The Rules of Civil Procedure were promulgated by the Supreme Court under authority delegated to it by the General Assembly. Mid- South Pavers v. Arnco Const., Inc., 771 S.W.2d 420, 422 (Tenn. Ct. App. 1989). They have the force and effect of law. Crosslin v. Alsup, 594 S.W.2d 379, 380
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