No. E2001-02816-COA-RM-CV.Court of Appeals of Tennessee. at Nashville.
Filed December 28, 2001.
Direct Appeal from the Circuit Court for Knox County; No. 1-606-96; The Honorable Dale C. Workman, Judge.
Affirmed in Part, Reversed in Part and Remanded.
H. Naill Falls, Jr., James B. Johnson, Nashville, for Appellant.
Wynne C. Hall, Summer H. Stevens, Knoxville, for Appellee.
Alan E. Highers, J., delivered the opinion of the court, in which David R. Farmer, J., and Holly Kirby Lillard, J., joined.
ALAN E. HIGHERS, JUDGE.
MEMORANDUM OPINION[1]
This case involves a medical malpractice claim that was dismissed on summary judgment by the trial court. The plaintiff, Steffone McClendon, appealed to this Court, seeking a reversal of the trial court’s summary judgment. We affirmed the trial court’s decision based on the legislative history and our interpretation of Section 20-1-119 of the Tennessee code. The plaintiff sought a review of this Court’s decision with the Tennessee Supreme Court. Although the supreme court refused to hear the case, it remanded the case to this Court for reconsideration in light ofTownes v. Sunbeam Oster Co., Inc., 50 S.W.3d 446 (Tenn.Ct.App. 2001) released this year by the middle section of this Court and recently published.
We now adopt the interpretation of Section 20-1-119 of the Tennessee Code given in Townes. Accordingly, we reverse the decision of the trial court and our previous opinion insofar as to allow the plaintiff to add Dr. Elaine Bunick as a defendant and remand this case for trial. Our previous opinion in this matter is affirmed in all other respects. Costs of this appeal are taxed against the defendant, Dr. Elaine Bunick, for which execution may issue if necessary.