Richardson v. Methodist Healthcare Memphis6/30/2005
Trina Richardson, the daughter of Plaintiff/Appellee Helen Richardson ("Richardson"), died on January 19, 2000, allegedly due to negligent medical treatment. On January 19, 2001, Richardson filed a medical malpractice lawsuit, individually and on behalf of her daughter and her daughter's children, in the General Sessions Court of Shelby County against the following named defendants: Methodist Healthcare Memphis ("Methodist Healthcare"), University of Tennessee Medical Group ("UTMG"), Shelby County Health Care Corporation d/b/a Regional Medical Center ("The Med"), Claro F. Diaz, M.D. ("Dr. Diaz"), Patrick Malone, M.D. (Dr. Malone"), David Jerden, M.D. ("Dr. Jerden"), Michael Washington, M.D. ("Dr. Washington"), Daniel Brookoff, M.D. ("Dr. Brookoff"), Tracie Walker, M.D. ("Dr. Walker"), and John Wickman, M.D. ("Dr. Wickman"). At that time, the individual defendants could not be located, so only the institutional defendants were served with process.
On April 23, 2001, the General Sessions Court entered an order dismissing the lawsuit for lack of prosecution. Apparently, at the time this order was entered, the General Sessions Court was unaware that the individual defendants had not yet been served; consequently, entry of the April 23, 2001 order of dismissal was in error. On May 8, 2001, the General Sessions Court entered a consent order, by agreement of the institutional defendants, setting aside the order of dismissal. Between October 10 and December 11, 2001, the individual defendants were served with process. On December 14, 2001, Richardson voluntarily nonsuited her General Sessions lawsuit, and the General Sessions Court entered a consent order of dismissal without prejudice.
On June 26, 2002, Richardson filed this action in the Circuit Court below. In the complaint, Richardson averred that the General Sessions lawsuit had been nonsuited on December 4, 2001, again asserting medical malpractice claims against the same defendants, arising out of Richardson's death, and that the lawsuit was timely because it was filed within one year of that date under the Tennessee Savings Statute. The defendants filed motions for summary judgment based on the statute of limitations, arguing that Richardson was required to refile the lawsuit within one year of April 23, 2001, the date of the order of dismissal for lack of prosecution entered by the General Sessions Court. The defendants argued that the General Sessions Court was without authority to set aside its judgment, even though the parties had agreed to the order setting aside the judgment. Therefore, the defendants maintained, the May 8 and December 14, 2001 orders of the General Sessions Court, though consensual, were void.
On February 13, 2002, the Circuit Court conducted a hearing on the defendants' motions for summary judgment. At the conclusion of the hearing, the Circuit Court denied the defendants' motions for summary judgment. The Circuit Court reasoned that it would favor "substance over form and say that the General Sessions judge, having realized his error, corrected that error . . . . I think under these circumstances the statute was [tolled] by pointing out to the General Sessions judge the error in granting a judgment without the case being at issue. . . ." On February 27, 2004, the Circuit Court entered a written order consistent with its oral ruling.
On the same day that the Circuit Court entered its written order, this Court filed its opinion in Caldwell v. Wood, No. W2003-00303-COA-R3-CV, 2004 WL 370299 (Tenn. Ct. App. Feb. 27, 2004), holding that the General Sessions Court did not have the authority to set aside its own judgment. On March 5, 2004, the defendants filed a motion asking the Circuit Cou
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