Gardner v. Saint Thomas Midtown Hospital
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The Supreme Court affirmed the decision of the court of appeals reversing the order of the trial court granting Defendant's motion for summary judgment under the common-law rule governing vicarious liability claims, holding that Tennessee's Health Care Liability Act necessarily implied an intent to abrogate the common-law rule under the circumstances of this case.
Plaintiff-patient sued Defendant-hospital alleging that Defendant, acting through its employees or agents, negligently provided medical treatment to her. Defendant moved for summary judgment, arguing that the claims were barred under common law. The trial court granted the motion, concluding that the vicarious liability claims fell within the operation-of-law exception and were therefore subject to dismissal. The court of appeals reversed, concluding that the claims were timely under the Act and that, given the conflict between the Act and the common law, the provisions of the Act prevailed. The Supreme Court affirmed, holding that the court of appeals correctly reversed the trial court's summary judgment in this case.
Court Description: Authoring Judge: Justice Sarah K. Campbell
Trial Court Judge: Judge Joseph P. Binkley, Jr.
When there is a conflict between the common law and a statute, the provision of the statute must prevail. Graves v. Ill. Cent. R.R. Co., 148 S.W. 239, 242 (Tenn. 1912). That longstanding rule is the key to resolving this case, which pits a common-law rule governing vicarious liability claims against certain procedural provisions of Tennessee’s Health Care Liability Act. The defendant in this case moved for summary judgment under the common-law rule. The trial court granted that motion, but the Court of Appeals reversed after concluding that application of the common-law rule would conflict with the Act. We agree that the Act necessarily implies an intent to abrogate the common-law rule in the circumstances of this case and affirm the Court of Appeals’ decision.
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