KAREN BYRNE v. FLAVIUS DRAGILA, M.D., ET AL.

In this health care liability action, the plaintiff asserted claims against multiple physicians
and medical entities. The trial court ultimately granted summary judgment in favor of one
of the defendants, Dr. Flavius Dragila, based on expiration of the one-year statute of
limitations. The trial court also certified the judgment as final pursuant to Tennessee Rule
of Civil Procedure 54.02. The plaintiff has appealed. Upon our review and viewing the
evidence in the light most favorable to the plaintiff, we conclude that a genuine issue of
material fact exists regarding when the plaintiff discovered, or in the exercise of reasonable
diligence should have discovered, both (1) that she had been injured by wrongful or tortious
conduct and (2) the identity of the person or persons whose wrongful conduct caused the
injury. We therefore vacate the trial court’s grant of summary judgment in favor of Dr.
Dragila and remand this matter to the trial court for further proceedings.