Bobbie Harjo Caudill, et al v. Clarksville Health System, GP

The trial court granted summary judgment to the defendant medical provider based upon the expiration of the statute of limitations. On appeal, the appellant asserts that the statute of limitations was tolled because at the time the cause of action accrued, the decedent had been “adjudicated incompetent,” as required by Tennessee Code Annotated section 28-1- 106. We conclude that the appellant failed to meet her burden to show that the decedent was adjudicated incompetent at the time required to toll the statute of limitations. The trial court’s ruling is therefore affirmed.