Rajvongs v. Wright

Plaintiff filed a health care liability action against Defendant, a physician. Plaintiff's original complaint was filed prior to the effective date of the pre-suit notice requirements of Tenn. Code Ann. 29-26-121. Plaintiff voluntarily dismissed his original action. Plaintiff subsequently filed his action after the effective date of section 29-26-121. Defendant filed a motion for summary judgment, contending that Plaintiff's second action was barred by the statute of limitations. Plaintiff responded that (1) his pre-suit notice commenced his new action prior to the expiration of the one-year saving statute; and (2) alternatively, section 29-26-121 extended the saving statute by 120 days. The trial court denied the motion, and the court of appeals affirmed. The Supreme Court affirmed, holding (1) Plaintiff's action was commenced by the filing of his second health care liability complaint rather than by providing pre-suit notice; and (2) a plaintiff who files his initial action prior to the effective date of section 29-26-121 dismisses his original action, properly provides pre-suit notice, and refiles his action after the effective date of section 29-26-121 is entitled to the 120-day extension.View "Rajvongs v. Wright" on Justia Law