Court reviews denial of summary judgment and tolling of the statute of limitations in a medical malpractice case

HARRISON KERR TIGRETT v. JOHN E. LINN, M. D, ET AL. (Tenn. Ct. App. March 31, 2010)

This is a Tenn. R. App. P. 9 appeal of the denial of a motion for summary judgment in a medical malpractice case. The trial court denied Appellants/Defendants' motions for summary judgment, finding that the statute of repose, Tenn. Code Ann.section 29-26-116(a)(3), was tolled as a result of fraudulent concealment on the part of Appellants/Defendants. Finding that there are material issues of fact in dispute, we affirm the trial court's denial of Appellants' motions for summary judgment. We, however, vacate any decision that the statute of limitations was tolled as a result of fraudulent concealment.

Opinion may be found at:
http://www.tba2.org/tba_files/TCA/2010/tigretth_033110.pdf