The Tennessee Court of Appeals has affirmed the right of a family to pursue their lawsuit for the wrongful death of their father resulting from errors during surgery. R. Christopher Gilreath of Stranch, Jennings & Garvey, PLLC (SJ&G), successfully defended the trial court’s dismissal of attacks based on claims the statute of limitations had expired.
In the case — Robert Elmore v. Travis Mills, CRNA, Angelo Sorce, M.D. et al, No. E2023-1044-COA-R9-CV — the Court of Appeals unanimously ruled that the family properly met the deadline for filing suit for wrongful death, affirming the trial court’s dismissal of the defendant’s arguments. The decision clears the case to return to the trial court and proceed as normal.
“Tennessee law recognizes that cases should be decided on their merits, not procedure,” said Gilreath. “When mistakes are made, people should be held to account and take responsibility for harm done. In this case, a jury will decide responsibility for errors made during surgery that led to the death of the plaintiff’s father, just as the law intended.”
SJ&G represents people in Tennessee and beyond in cases of significant physical, emotional and financial harm. If you or a loved one has been seriously injured, contact us to see how we can help.