Eddie C. Pratcher, Jr. v. Methodist Healthcare Memphis Hospitals et al. - Dissent

This case has gone unresolved for far too long. It was finally tried more than six years after Ms. Pratcher’s death and after the filing of four amended complaints. After the jury returned a defendant’s verdict, the trial court granted a new trial because of a perceived shortcoming in the verdict form and because of its disagreementwith the jury’s verdict. With the second trial pending, one of the defendants sought to amend its answer to include a substantively meritorious defense based on the statute of repose in Tenn. Code Ann. § 29-26116(a)(3) (2012). With little explanation or analysis, the trial court denied the motion to amend on the ground of waiver.