LEE v. CRENSHAW

No. 78-1085.

622 F.2d 202 (1980)

Frank Ellis LEE, Plaintiff-Appellant, v. Dr. A. H. CRENSHAW, The Campbell Clinic, Inc. and Baptist Memorial Hospital, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 10, 1980.


Attorney(s) appearing for the Case

James F. Schaeffer, Schaeffer & McDougal, Memphis, Tenn., for plaintiff-appellant.

Henry T. V. Miller, Edward Kuhn, McDonald, Kuhn, Smith, Gandy, Miller & Tait, Memphis, Tenn., for Crenshaw and Campbell Clinic.

Max Shelton, Manire, Harris, Shelton & Dunlap, Memphis, Tenn., for Baptist.

Before WEICK, Circuit Judge, and PHILLIPS and PECK, Senior Circuit Judges.


PER CURIAM.

The issue in this diversity case is whether then Chief District Judge Bailey Brown correctly determined the Tennessee saving statute1 does not apply to the plaintiff-appellant's medical malpractice action, which is barred by Tennessee's one year tort statute of limitations. We affirm.

Plaintiff-appellant Lee filed his original action in the State Circuit Court on January 31, 1975, the last day of the one year limitations...

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