Bruce v. Hamilton

HIGHERS, Judge.

The trial court at Shelby County dismissed plaintiff Mary Suddoth Bruce’s medical malpractice complaint against defendant opthal-mologists, Dr. Ralph S. Hamilton and Dr. Ralph F. Hamilton, holding that the three-year statute of repose in Tennessee’s Medical Malpractice Act barred plaintiffs cause of action. The primary issue on appeal, one of first impression for Tennessee’s appellate courts, is whether a plaintiff may commence a new action within one year after a voluntary dismissal of an original action pursuant to Tennessee’s savings statute when plaintiffs “new” action is…