Cronin v. Howe

OPINION

ANDERSON, Chief Justice.

The issue in this appeal is whether the Tennessee savings statute 1 operates to save a medical malpractice action which was initially filed within the three-year statute of repose, but which was voluntarily dismissed and refiled beyond the three-year statute of repose. 2 We hold that it does. The judgment of the Court of Appeals is reversed and the cause remanded to the trial court.

BACKGROUND

The plaintiff, Nancy M. Cronin, filed a medical malpractice action alleging that on February 25, 1988, the defendant, Dr. John W. Howe, negligently failed to diagnose that…