Banks v. Elks Club Pride Of Tennessee

1102 301 S.W.3d 214 (2010)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Banks (P) attended a social event at an Elks Lodge (D). The chair on which she was seated collapsed, causing serious injuries to her back. P consulted with Dr. Boyce (D), a physician affiliated with Premier Orthopaedics and Sports Medicine, P.C. Boyce recommended lumbar surgery at the L3-L4 and L4-L5 levels. Boyce performed the surgery but on the L2-L3 and L3-L4 vertebrae. P was required to undergo a second surgery. P was transferred to Cumberland Manor Nursing Home (D) for further recuperation and rehabilitation. While a patient at Cumberland, P developed a serious staphylococcus infection that required additional surgeries and extensive care and treatment. P first sued Elks for negligence. She filed a separate lawsuit against Dr. Boyce and Premier Orthopaedics (D) for medical negligence and medical battery. Boyce requested a transfer and the Court entered an order consolidating the two cases for management and discovery purposes. Elks and Boyce then filed a motion to amend their answer to assert a comparative fault defense against Cumberland. They asserted that Cumberland's improper care and treatment had aggravated P's injuries and damages. P opposed the motions to amend their answers to assert a comparative fault defense against Cumberland Manor. The court denied the motions. Ds appealed. P amended her complaint to name Cumberland Manor as a tortfeasor. The court of appeals declined to consider the interlocutory appeal and Ds appealed.