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YOUNG EX REL. YOUNG v. KENNEDY

No. W2012-00836-COA-R3-CV

429 S.W.3d 536 (2013)

Julia YOUNG, on behalf of the estate of Cecil C. YOUNG v. Lisa KENNEDY, M.D. and Methodist Health Systems, Inc.

Court of Appeals of Tennessee, at Jackson.

August 13, 2013.

Petition to Rehear Denied September 10, 2013.

Application for Permission to Appeal Denied February 11, 2014.

Attorney(s) appearing for the Case

Amanda K. Strange , Memphis, Tennessee, for the appellant, Julia Young, on behalf of the estate of Cecil C. Young.

Andrea N. Malkin and Tiffany Taylor Bowders , Memphis, Tennessee, for the appellees, Lisa Kennedy, M.D. and Methodist Health Systems, Inc.

OPINION

J. STEVEN STAFFORD, J., delivered the opinion of the Court, in which ALAN E. HIGHERS, P.J., W.S., and HOLLY M. KIRBY, J., joined.

This case involves the application of the medical malpractice statute of limitations. The trial court granted summary judgment to the defendant doctor, finding that the statute of limitations defense was not waived by her failure to raise it in her first pre-answer motion, that the defense was sufficiently pleaded, and...

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