Constance Lynn Bennett, as the Personal Representative of the Estate of Jennifer Diane Vickers, deceased v. Diversicare Leasing Corporation et al.

Case Number
M2024-01035-COA-R3-CV

This is the second appeal from the dismissal of a health care liability action for failure to comply with the Health Care Liability Act. In the first appeal, we held that the Health Care Liability Act required the plaintiff to file a new certificate of good faith with an amended complaint that added a new health care liability claim against the existing defendants. Even so, we vacated the dismissal and remanded for reconsideration of the plaintiff’s motion for an extension of time to file a new certificate. On remand, the trial court concluded that the plaintiff failed to demonstrate a good faith basis for an extension of time. Again, it denied the plaintiff’s motion and dismissed the amended complaint. Because we conclude that the court erred in denying the plaintiff’s motion, we reverse.

Authoring Judge
Judge W. Neal McBrayer
Originating Judge
Judge Bonita Jo Atwood
Date Filed
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