Catherine Whittlesey, Deceased, and Stephen E. Whittlesey, Sr. v. Frederick L. Cole

OPINION

KENNEDY, Circuit Judge.

Plaintiffs, Catherine Whittlesey, deceased, and Stephen E. Whittlesey, Sr., appeal from the District Court’s order granting summary judgment on behalf of the Defendant, Frederick L. Cole, M.D., on the basis that plaintiffs’ claims were barred by the statute of limitations. In this appeal, we are asked to determine whether Tennessee’s statute of limitations for medical malpractice is tolled until a plaintiff discovers the independent contractor status of an allegedly negligent doctor at a military hospital. Because we conclude that the statute is not tolled until…