Mills v. Wong

OPINION

FRANK F. DROWOTA, III, C.J.,

delivered the opinion of the court,

in which E. RILEY ANDERSON, ADOLPHO A. BIRCH, JR. and JANICE M. HOLDER, JJ., joined. WILLIAM M. BARKER, J., did not participate.

The plaintiffs in this medical malpractice action filed their complaint approximately three weeks after the three-year medical malpractice statute of repose, TenmCode Ann. § 29-26-116(a)(3) (1980), had expired. The defendants moved to dismiss the action as time-barred. In response, the plaintiffs argued that their action should not be time-barred because the primary plaintiff was mentally…