No specific laws identified for this ruling.
Appellate court reversed trial court's dismissal of plaintiff's assault and battery claims, holding they do not constitute health care liability claims subject to THCLA requirements. Mother's action dismissed with prejudice; minor's action dismissed without prejudice at trial level, but appellate reversal favors plaintiffs on the merits.
The plaintiff, C.D., a minor, was a resident of Mountain Youth Academy, a traumafocused residential treatment facility,1 when he got into a physical altercation with an employee of the defendant Keystone Continuum, LLC doing business as Mountain Youth Academy. The employee, Jacob Spencer, is described by the defendant as a "mental health associate." The plaintiffs describe him as a "third shift night guard." The minor's mother filed this action, proceeding both individually and on behalf of her son. The complaint alleges, among other things, that Spencer pulled the minor plaintiff to the ground and stomped on his foot, causing him injury. Defendant moved to dismiss and/or for summary judgment, arguing that the complaint in this case alleges health care liability claims. Defendant argued that because of plaintiffs' (1) failure to provide pre-suit notice under the Tennessee Health Care Liability Act (the THCLA), Tenn. Code Ann. § 29-26- 121 (Supp. 2017), and (2) their failure to file a certificate of good faith with the complaint, id. § 29-26-122, the lawsuit should be dismissed with prejudice. The trial court held that plaintiffs' claims sounded in health care liability. It dismissed the mother's action with prejudice. The court also dismissed the minor's action, but did so without prejudice.2 Defendant appeals, arguing that the minor's action should have been dismissed with prejudice. The plaintiffs also present issues. They argue that the trial court erred in ruling that their claims are based upon health care liability. Additionally and alternatively, plaintiffs argue that their claims fall within the "common knowledge" exception to the general requirement of expert testimony in a health care liability action. We hold that plaintiffs' claims for assault and battery are unrelated to the provision of, or failure to provide, health care services. As a consequence of this, we hold that the plaintiffs' assault and battery claims do not fall within the ambit of a "healt
This summary was generated to explain the ruling in plain English and is not legal advice.
Court rulings like this one are useful, but every situation is different. Take 2 minutes to see which laws may protect you — it's free, private, and no account is required to start.
This ruling information is sourced from public court records via CourtListener.com. It is provided for informational and educational purposes only and does not constitute legal advice.