Cunningham v. Williamson County Hosp. Dist.

Plaintiffs filed a claim against a county hospital (Hospital) alleging that the negligence of the hospital and its employees caused the death of their son. The claim was filed fifteen months after Plaintiffs' son's death. Hospital, a governmental entity, filed a motion to dismiss, arguing that the claim was filed outside the one-year statute of limitations of the Governmental Tort Liability Act (GTLA). Plaintiffs argued that their complaint was timely filed because Tenn. Code Ann. 29-26-121(c) extends the GTLA statute of limitations by 120 days. The trial court denied Hospital's motion to dismiss but granted an interlocutory appeal. The court of appeals affirmed the denial of the motion to dismiss. The Supreme Court reversed, holding that the 120-day extension provided by section 29-26-121(c) did not apply to Plaintiffs' claim brought under the GTLA. Remanded for entry of an order dismissing the complaint. View "Cunningham v. Williamson County Hosp. Dist." on Justia Law