Current Pending Cases – Civil

George Gary Ingram v. Dr. Michael Gallagher, et al. (Tenn. R. Civ. P. 54 and 60 and Voluntary Dismissals)

Style: George Gary Ingram v. Dr. Michael Gallagher, et al.

TSC Docket Number: E2020-01222-SC-R11-CV

Link to Court of Appeals Opinion:

Summary by the Court of Appeals:

This appeal arises from a healthcare liability action wherein the plaintiff initially sued the doctor, the hospital, and two other defendants. The plaintiff voluntarily dismissed the action without prejudice against all defendants except for the doctor. The doctor subsequently filed an answer to the complaint, stating that the action should be dismissed under the Governmental Tort Liability Act because the hospital, a governmental hospital entity and the doctor’s employer, was not a party to the action. Shortly thereafter, the plaintiff filed a “Motion to Alter or Amend,” seeking to set aside the Trial Court’s order of dismissal in order to withdraw his voluntary dismissal of the hospital as a party. The Trial Court denied the plaintiff’s motion to alter or amend, determining that the voluntary dismissal order was a final order and that the plaintiff knew about the doctor’s employment with the hospital prior to the voluntary dismissal. We determine that the Trial Court erred by treating the plaintiff’s motion as a Tennessee Rule of Civil Procedure 60 motion, instead of a motion to revise pursuant to Rule 54.02, and further hold that the Trial Court erred by denying the plaintiff’s motion to revise the non-final order of voluntary dismissal.

Permission to Appeal Granted: November 17, 2021

Appellants’ Briefs Filed: January 28, 2022

Appellees’ Briefs Filed: March 25, 2022

Appellants’ Reply Brief Filed: April 8, 2022

Appellees’ Reply Brief Filed:

Amicus Briefs Permitted:  None

Oral Argument Date: May 25, 2022

Link to Oral Argument Video:

Date of TSC Opinion:  none to date

Opinion of the TSC:   [insert link]

TSC Summary of the Opinion:


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