Current Pending Cases – Civil

Beverly Gardner v. Saint Thomas Midtown Hospital (Health Care Liability Claim)

Style: Beverly Gardner v. Saint Thomas Midtown Hospital

TSC Docket Number: M2019-02237-SC-R11-CV

Link to Court of Appeals Opinion:

Summary by the Court of Appeals:

A patient filed a health care liability claim against a hospital, asserting the hospital was vicariously liable for injuries she suffered as a result of the anesthesia providers’ conduct. The hospital moved for summary judgment, arguing that the anesthesia providers were not employed by the hospital and the hospital was, therefore, not liable for the anesthetists’ actions as a matter of law because the statute of limitations had run on the plaintiff’s direct claims against the anesthesia providers by the time the plaintiff filed her complaint against the hospital. The trial court granted the hospital’s motion and dismissed the plaintiff’s complaint, relying on the common law set forth in Abshure v. Methodist HealthcareMemphis Hospitals, 325 S.W.3d 98 (Tenn. 2010). Acknowledging the conflict between provisions of the Tennessee Health Care Liability Act and the common law, we hold that the statute prevails. Accordingly, we reverse the trial court’s judgment and remand the case for further proceedings.

Permission to Appeal Granted: September 22, 2021

Appellants’ Briefs Filed: October 22, 2021

Appellees’ Briefs Filed: November 23, 2021

Appellants’ Reply Brief Filed: December 6, 2021

Appellees’ Reply Brief Filed:

Amicus Briefs Permitted:  None

Oral Argument Date: April 6, 2022

Link to Oral Argument Video:

Date of TSC Opinion:  none to date

Opinion of the TSC:   [insert link]

TSC Summary of the Opinion:


Cases Pending Before The Tennessee Supreme Court Copyright © 2021 by BirdDog Law, LLC (No copyright claimed as to government works or as to briefs written by others.). All Rights Reserved.