George Gary Ingram v. Dr. Michael Gallagher, Et Al.

This is a health care liability case. George Gary Ingram ("Ingram") filed a health care
liability action in the Circuit Court for Hamilton County ("the Trial Court") against, among
others, Dr. Michael Gallagher ("Dr. Gallagher') and Chattanooga-Hamilton County
Hospital Authority d/b/a Erlanger Health System ("Erlanger") ("Defendants,"
collectively). Plaintiff later filed an amended complaint naming Dr. Gallagher as the sole
defendant. He thus removed the other defendants, including Erlanger, from the lawsuit.
Dr. Gallagher then filed an answer asserting, as a defense, that his governmental employer,
Erlanger, was not made a party to the action. Consequently, Plaintiff filed a motion to alter
or amend the Trial Court's order of dismissal as to Erlanger, which was denied. Plaintiff s
claims were dismissed. In Ingram v. Gallagher, No. E2020-01222-COA-R3-CV, 2021
WL 3028161 (Tenn. Ct. App. July 19, 2021) ("Ingram I"), we reversed the Trial Court,
holding that the Trial Court erred in denying Plaintiff s motion to revise the order of
dismissal. We pretermitted all other issues. The Tennessee Supreme Court then reversed
this Court, holding that Erlanger was removed from the lawsuit when Plaintiff filed his
amended complaint and that the order of dismissal had no legal effect so there was no order to amend. Our Supreme Court remanded for us to address the remaining issues. We hold, inter alia, that the savings statute is inapplicable as the Governmental Tort Liability Act
("the GTLA") is implicated; that the Trial Court did not err in dismissing Erlanger for lack
of pre-suit notice and a certificate of good faith; and that the Trial Court did not err in
granting summary judgment to Dr. Gallagher as his governmental employer, Erlanger, was not made a party. We affirm.