§39.25 Statute of Repose
1. Kathy Huber, et al vs. Douglas Marlow, et al , E2007-01879-COA-R9-CV
(Tenn. Ct. App. May 28, 2008).
The Court's Summary:
"In this interlocutory appeal of a medical malpractice case, the issue presented is whether the trial court erred in granting partial summary judgment to the employer because it could not be held vicariously liable for the actions of its nonparty employee when the statute of repose had run as to the nonparty employee before the plaintiffs amended their complaint to include allegations based on the nonparty employee’s actions. We hold that because the statute of repose extinguished the plaintiffs’ cause of action against the nonparty employee, the employer cannot be held liable for allegations of medical negligence based solely on the actions of the nonparty employee. The trial court’s partial summary judgment is affirmed." View opinion.
(Tenn. Ct. App. May 28, 2008).
The Court's Summary:
"In this interlocutory appeal of a medical malpractice case, the issue presented is whether the trial court erred in granting partial summary judgment to the employer because it could not be held vicariously liable for the actions of its nonparty employee when the statute of repose had run as to the nonparty employee before the plaintiffs amended their complaint to include allegations based on the nonparty employee’s actions. We hold that because the statute of repose extinguished the plaintiffs’ cause of action against the nonparty employee, the employer cannot be held liable for allegations of medical negligence based solely on the actions of the nonparty employee. The trial court’s partial summary judgment is affirmed." View opinion.