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

PHILLIPS, Chief Judge.

This diversity case presents this question under Tennessee law: Is a cause of action “commenced” for purposes of the Tennessee saving statute 1 when a complaint and summons are filed but, with plaintiff’s knowledge and approval, an immediate nonsuit is entered and no summons is issued? Because of unresolved questions of fact in the record before us, we reverse the district court’s grant of summary judgment for the defendants and remand this case for further proceedings.

I

An alleged act of professional negligence took place on February 1, 1974, involving a Memphis,…