Terry Sullivan Ex Rel. Wrongful Death Beneficiaries of Sullivan v. Chattanooga Medical Investors, LP

OPINION

in which JANICE M. HOLDER, CORNELIA A. CLARK, and GARY R. WADE, JJ„ joined.

A representative of the deceased filed a complaint against the owners of a nursing home alleging acts of negligence and abuse. The trial court granted summary judgment to the nursing home, ruling that the claims were time-barred by the one-year statute of limitations, which was not tolled by the deceased’s mental incompetency because the deceased had previously granted a durable power of attorney to his son. The Court of Appeals reversed the judgment of the trial court and remanded for further proceedings. We…