KAMARJAH GORDON, DECEASED, BY AND THROUGH HER NEXT OF KIN, TOSHA GORDON AND TOSHA GORDON, INDIVIDUALLY v. JEFFREY D. DRAUGHN, M.D.; TENNESSEE WOMAN'S CARE, P.C.; AND HCA HEALTH SERVICES OF TENNESSEE D/B/A CENTENNIAL MEDICAL CENTER (Tenn. Ct. App. June 9, 2009)
The parents of a deceased child and the mother's trustee in bankruptcy appeal rulings of the trial court in this medical malpractice and wrongful death action which (1) found that the mother was judicially estopped from pursuing the action; (2) denied the father's motion to substitute as plaintiff; and (3) limited the bankruptcy trustee's recoverable damages to the amount of debts listed on the mother's bankruptcy petition. Finding that the mother was not judicially estopped from pursuing her claims and that the trustee in bankruptcy succeeded to her claims, we reverse the trial court's dismissal of her medical malpractice claim and the limitation of recoverable damages on the wrongful death claim. Further, we reverse the trial court's holding that father's action is barred by the statute of limitations, vacate the denial of the father's motion to substitute and remand the case to allow the father to file a motion to intervene and intervening complaint.
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