Calaway Ex Rel. Calaway v. Schucker

193 S.W.3d 509
CourtTennessee Supreme Court
DecidedFebruary 21, 2006
StatusPublished
Cited by99 cases

This text of 193 S.W.3d 509 (Calaway Ex Rel. Calaway v. Schucker) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Calaway Ex Rel. Calaway v. Schucker, 193 S.W.3d 509 (Tenn. 2006).

Opinions

[512]*512OPINION

WILLIAM M. BARKER, C.J.,

delivered the opinion of the court,

in which FRANK F. DROWOTA, III, and ADOLPHO A. BIRCH, JR., JJ. joined. JANICE M. HOLDER, J., filed a dissenting opinion, in which E. RILEY ANDERSON, J„ joined.

Pursuant to Rule 23, we accepted four certified questions of law from the United States District Court for the Western District of Tennessee. The third certified question is the central question of the four and is dispositive of the others: Is the three-year statute of repose for medical malpractice in Tennessee Code Annotated section 29-26-116, which contains no exception for minority, tolled during a plaintiffs minority? Our answer is that the three-year statute of repose for medical malpractice actions is not tolled during the plaintiffs minority. Giving effect to the plain language of the statute and finding no exception for minority among the two express exceptions in it — and cognizant of our constitutional role as interpreters, not makers, of the law — we hold that plaintiffs in their minority are bound by the three-year medical malpractice statute of repose. However, in order to avoid undue hardship to potential plaintiffs who have justly relied upon federal court and lower court precedents erroneously stating the opposite rule, the new rule we announce today is to apply prospectively only. Therefore, for cases commenced on or before December 9, 2005, we hold that the plaintiffs minority tolls the medical malpractice statute of repose. For cases commenced after December 9, 2005, we hold that the plaintiffs minority does not toll the medical malpractice statute of repose.

FACTUAL BACKGROUND

At the core of the certified questions presented to us in this case is whether, by virtue of Tennessee’s “legal disability statute,” Tennessee Code Annotated section 28-1-106 (2000), the plaintiffs minority tolls the three-year statute of repose for medical malpractice claims set forth in Tennessee Code Annotated section 29-26-116(a)(3) (2000). The action from which these Rule 23 certified questions arose was filed in the United States District Court for the Western District of Tennessee by Kathleen Calaway, on behalf of her minor daughter, Kaitlyn Calaway, against Jodi Schucker, M.D., on September 13, 2002. The plaintiff alleges that on February 20, 1996, the defendant performed negligently in the course of the birth and delivery of the minor plaintiff, Kaitlyn Calaway, resulting in severe and permanent injury to Kaitlyn. The plaintiff had filed a previous negligence action in 1997 in the Circuit Court for Shelby County, Tennessee, on behalf of the minor plaintiff against Shelby County Health Care Corporation, d/b/a Regional Medical Center, and the University of Tennessee Medical Group — but the defendant in the present controversy, Dr. Schucker, was not joined to that case. The parties to the earlier lawsuit settled in 2002, and a release was signed covering the defendants to that controversy but specifically reserving the plaintiffs causes of action against Dr. Schucker.

On August 4, 2004, the federal district court in the present case granted in part and denied in part the defendant’s motion for summary judgment. In partially denying the defendant’s motion, the court relied on dicta in our decision in Penley v. Honda Motor Co., 31 S.W.3d 181 (Tenn.2000). In Penley, we expressed our strong disapproval of the reasoning underlying the Tennessee Court of Appeals’ decision in Bowers v. Hammond, 954 S.W.2d 752 (Tenn.Ct.App.1997); yet we permitted to stand its central holding that Tennessee’s medical malpractice statute of repose does not supersede or suspend the operation of the legal disability statute, Tennessee [513]*513Code Annotated Section 28-1-106, which tolls the limitations period for minority by allowing the plaintiff to bring a lawsuit within the first year of his or her majority. On this basis, the federal court denied Dr. Schucker’s motion for summary judgment on all the plaintiff’s claims other than for medical expenses.

But concerning the minor plaintiff’s medical-expense claims, the federal court granted the defendant’s motion for summary judgment. Relying on an unreported opinion of the United States District Court for the Western District of Tennessee in McBride v. Shutt, No. 00-1302, 2002 WL 1477211 (W.D.Tenn. July 2, 2002), which in turn relied on Dudley v. Phillips, 218 Tenn. 648, 405 S.W.2d 468 (1966), the court concluded that because an action for a minor’s medical expenses both belongs to the minor’s parents and is separate and distinct from any cause of action for injuries to the child, this cause of action was barred by the statute of limitations, Tennessee Code Annotated section 29-26-116(a)(1), since it was filed beyond the statute’s one-year limitations period.

The plaintiff requested that the federal court modify or amend its judgment because, in her view, it left unresolved the issue of whether the minor plaintiff could pursue an action against the defendant for medical expenses incurred after she reached majority. We have never had occasion to answer that question directly.

The defendant, given the lack of a definitive statement of law from this Court on the issue of whether Tennessee’s medical malpractice statute of repose is tolled by the plaintiff’s minority, also seeks clarification of our state’s law.

The parties filed a joint motion in federal court to certify questions of law to this Court. The federal court issued a certification order on November 24, 2004, which was filed with us on December 1, 2004. The certification order did not designate either party as the movant. We also granted the respective motions of the Tennessee Medical Association and the Tennessee Trial Lawyers’ Association to file amicus curiae briefs in this case.

The following four questions were certified by the federal court and accepted by this Court:

(1) Does a minor child have a personal claim for medical expenses arising from an injury caused by the fault of another when the claim of the child’s parent for such medical expenses is barred by a statute of limitation or repose?
(2) Does a minor child who is injured have a personal claim for medical expenses accruing after the age of majority?
(3) Is the three-year statute of repose for medical malpractice in Tennessee Code Annotated section 29-26-116, which contains no exception for minority, tolled during a plaintiffs minority?
(4) Is a physician defendant denied equal protection of the law wherein an exception to the statute of repose contained in Tennessee Code Annotated section 29-26-116 is created for minority in medical malpractice cases, while no similar exception exists in product liability and construction cases?

Starting with the third question, and for the reasons that follow, we answer that the plaintiffs minority does not toll Tennessee’s medical malpractice statute of repose, Tennessee Code Annotated section 29-26-116(a)(3). However, to avoid undue hardship to potential plaintiffs who have relied upon the Bowers rule, the new rule we announce today is to have prospective application only.

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193 S.W.3d 509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calaway-ex-rel-calaway-v-schucker-tenn-2006.