Court Rulings

REPORTED OPINION of the court's sealed opinion issued on 8/29/2019 denying as moot, [148] Motion for TRO filed by ANHAM FZCO denying as moot, [149] MOTION for Preliminary Injunction filed by ANHAM FZCO granting in part and denying in part, [153] MOTION for Judgment on the AR filed by ANHAM FZCO granting in part and denying in part, [155] CROSS MOTION filed by USA granting in part and denying in part, [156] CROSS MOTION denied as moot, [163] MOTION to Strike filed by USA and, denying as moot, [164] MOTION to Supplement filed by USA. The United States, by and through the Defense Logistics Agency, its officers, agents, and employees, is hereby PERMANENTLY RESTRAINED AND ENJOINED from continuing with transition activities and from obtaining performance from KGL Food Services, WLL, under Contract Number SPE300-18-D-4032, except to the extent that such activities are required under a bridge contract or other solution designed to ensure the continuous availability of the supplies or services provided for under the contract. On or before 9/18/2019, counsel for the parties shall CONFER and FILE a notice of filing, attaching a proposed redacted version of this opinion, with any material deemed proprietary blacked out, so that a copy of the opinion can then be made available in the public record of this matter. The clerk's office is directed to enter final judgment in plaintiff's favor. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Plaintiff, James Bidwell, took his wife, Clarissa Bidwell, to Starr Regional Medical Center for treatment. She was transferred to Chattanooga-Hamilton County Hospital Authority dba Erlanger Health System, a governmental hospital authority, where she was treated, but later died. Plaintiff provided statutorily compliant pre-suit notice of his intent to file a health care liability action against each health care provider that was named as a defendant in the complaint. See Tenn. Code Ann. § 29-26-121(a). Plaintiff did not provide pre-suit notice to Erlanger. Tenn. Code Ann. § 29-26-121(a)(5) requires a recipient of pre-suit notice to give written notice to a claimant of any other person, entity, or health care provider who may be properly named a defendant within thirty days of receiving pre-suit notice. However, Dr. Jeffery Colburn and Dr. Timothy A. Strait failed to identify Erlanger as their employer, i.e. a known and necessary party to the suit. Plaintiff timely filed his complaint within the 120-day extension of the statute of limitations provided by Tenn. Code Ann. § 29-26-121. Defendants answered plaintiff's complaint, each raising the affirmative defense of comparative fault. Dr. Colburn and Dr. Strait then moved for summary judgment arguing that, pursuant to the Governmental Tort Liability Act, without Erlanger as a party defendant no judgment could be rendered against them. See Tenn. Code Ann. § 29-20-310(b). In response, plaintiff filed two motions to amend his complaint to add Erlanger as a defendant, in reliance upon the extension to the statute of limitations provided in Tenn. Code Ann. § 20-1-119(a). After a hearing, the trial court held that plaintiff's failure to provide pre-suit notice to Erlanger prevents him from adding them to his complaint. It granted Dr. Colburn and Dr. Strait's motions for summary judgment. Plaintiff appeals. We hold that Tenn. Code Ann. § 2926-121(a)(5) required Dr. Colburn and Dr. Strait to identify Erlanger as a known and nec