§67.1 Generally

Note:Supplements Recent Cases at § 67.1 of Main Volume.

Recent Cases:Myers v. AMISUB (SFH), Inc., No. W2010-00837-COA-R9-CV, 2011 WL 664753 (Tenn. Ct. App. Feb. 24, 2011) (holding cases that are voluntarily dismissed and then re-filed under savings statute are “new” claims when re-filed and are subject to any changes in the law in the interim; holding that a plaintiff who voluntarily dismisses a medical malpractice case that was filed before pre-suit notice and certificate of good faith requirements and then re-files after that requirements went into effect must comply with the new requirements); Howell v. Claiborne and Hughes Health Center, No. M2009-01683-COA-R3-CV, 2010 WL 2539651 (Tenn. Ct. App. June 24, 2010) (savings statute protects voluntarily dismissed claim even if both the original and re-filed complaints name an improper party plaintiff; holding case should not be dismissed for failure to plead facts invoking savings statute where other evidence in the record demonstrates that plaintiff complied with the one-year savings statute).

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