Romeashea Springfield v. Darwin Eton, M.D.

Syllabus

In this healthcare liability case, appellant/patient appeals the trial court's grant of appellee/doctor's Tennessee Rule of Civil Procedure 12.02 motion to dismiss and its grant of appellee/doctor's employer's Tennessee Rule of Civil Procedure 12.03 motion for judgment on the pleadings. The trial court held that appellant failed to comply with the pre-suit notice requirements found in Tennessee Code Annotated § 29-26-121. As such, the statute of limitations barred appellant's claims against the doctor. Having granted the doctor's motion to dismiss, the trial court applied the common-law, operation-of-law exception to dismiss appellant's vicarious liability claims against the doctor's employer. Discerning no error, we affirm.