Jeffrey R. McMahan vs. Sevier County

Jeffrey R. McMahan vs. Sevier County, et al - E2005-02028-COA-R3-CV ViewSevier County - The plaintiff’s complaint was filed April 20, 2004. In its present posture, this medical malpractice case involves the claim of the plaintiff, Jeffrey R. McMahan, that his left leg had to be amputated as a result of the malpractice of John D. Watson, M.D.; Southeastern Emergency Physicians, Inc. (“SEP”); Fort Sanders Regional Medical Center (“Ft. Sanders Knoxville”); and Fort Sanders Sevier Medical Center (“Ft. Sanders Sevier”). Each of these defendants filed a motion to dismiss. The two sides filed material in support of their respective positions, after which the trial court heard oral argument. Later, the court entered an order dismissing the plaintiff’s complaint. The sole issue is whether the defendants are entitled to summary judgment based upon their claim that the plaintiff’s complaint was filed outside the period of the applicable statute of limitations. We hold that the material relied upon by the defendants fails to establish the absence of a genuine issue of material fact as to whether the plaintiff “discover[ed], or in the exercise of reasonable care and diligence for his own health and welfare, should have discovered the resulting injury,” see Teeters v. Currey, 518 S.W.2d 512, 517 (Tenn. 1974), more than one year before the date of filing of the original complaint. Accordingly, we vacate the trial court’s grant of summary judgment and remand for further proceedings.