Frank Ellis Lee v. Dr. A. H. Crenshaw, the Campbell Clinic, Inc. And Baptist Memorial Hospital, Inc.

The issue in this diversity case is whether then Chief District Judge Bailey Brown correctly determined the Tennessee saving statute 1 does not apply to the plaintiff-appellant’s medical malpractice action, which is barred by Tennessee’s one year tort statute of limitations. We affirm.

Plaintiff-appellant Lee filed his original action in the State Circuit Court on January 31,1975, the last day of the one year limitations period for filing tort actions. Instead of proceeding with the action, Lee took an immediate voluntary non-suit, so informed the Deputy Clerk of the Circuit Court, and paid…