Cantrell v. Humana of Tennessee, Inc.

MATHERNE, Judge.

The issue is whether, under the facts, an order of voluntary nonsuit can be entered nunc pro tunc to start the one-year period for refiling the lawsuit at the earlier date. The trial court refused to so apply the nunc pro tunc order, and the defendants have been granted a discretionary appeal on that issue.

The plaintiffs sue for damages due to personal injuries suffered by Willard P. Cantrell, who fell and injured himself while a patient in the facilities of the defendants. The lawsuit was set for trial on August 23, 1978. On August 22, 1978, the attorney for the plaintiffs…