Summary judgement remanded on attorney showing of detailed mail records, overcoming addressed-stamped-deposited mail presumption

AUBREY E. GIVENS, ADM. OF THE ESTATE OF JESSICA E. GIVENS, ET AL. v. THE VANDERBILT UNIVERSITY, ET AL. (Tenn. Ct. App. August 18, 2009)

Medical malpractice action was dismissed on summary judgment following plaintiffs' failure to oppose defendant's motion. Plaintiffs filed a motion to set aside the judgment of the trial court based on mistake where plaintiffs did not receive service of defendant's summary judgment motion. The trial court denied plaintiffs' motion; plaintiffs appeal. Finding that, under the facts of this case, the judgment should have been set aside, we reverse and remand.

The opinion may be found at:
http://www.tba2.org/tba_files/TCA/2009/givensa_081909.pdf