Frederick Bertrand, a citizen and resident of Benton County, Tennessee v. The Regional Medical Center At Memphis, A Tennessee Corporation

This appeal arises from an October 2003 medical malpractice action filed against The Regional Medical Center at Memphis (“the Med”) and several physicians. Plaintiff voluntarily nonsuited his action and re-filed it within the one-year period provided by the savings statute codified at Tennessee Code Annotated § 28-1-105. The trial court awarded summary judgment to the Med upon determining Plaintiff could not rely on the savings statute where the General Assembly had amended the Governmental Tort Liability Act (“the GTLA”), bringing the Med within the scope of the GTLA as codified at Tennessee Code Annotated § 29-20-101 (2007 Supp.), et seq. The amendment became effective July 1, 2003. On November 26, 2007, the trial court entered final judgment in favor of the Med pursuant to Tennessee Rule of Civil Procedure 54.02. Plaintiff filed a timely notice of appeal to this Court. We affirm.