# Jones v. MORRISTOWN-HAMBLEN HOSPITAL ASS'N

> Court of Appeals of Tennessee · June 19, 1979 · 595 S.W.2d 816

URL: https://www.frixlaw.com/law-library/cases/9644406

## Case

- **Full name:** Franklin N. JONES, Husband and Next of Kin of Daphne Ann Jones, Deceased, Appellant, v. MORRISTOWN-HAMBLEN HOSPITAL ASSOCIATION, INC., and Dr. Eugene Rutland, Jr., Appellees
- **Court:** Court of Appeals of Tennessee
- **Decided:** June 19, 1979
- **Citations:** 595 S.W.2d 816; 1979 Tenn. App. LEXIS 381
- **Precedential status:** Published
- **Opinion:** On rehearing by Franks
- **Judges:** Franks, Sanders, Parrott
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9644406

## Opinion text

OPINION ON PETITION TO REHEAR.
FRANKS, Judge.
Plaintiff has timely filed a petition to rehear, asserting this Court erred in its construction of law controlling this case.
No authorities are cited in the petition not heretofore included in the briefs with the exception of Braden v. Yoder, 592 S.W.2d 896 , decided by this Court on May 25,1979. Appellant argues that to reconcile Braden with our opinion in this case “would appear to require that the three-year statute not run at all during a person’s incompetency.” We specifically held in Braden : “This three-year ceiling is unrelated to the *824 accrual of a cause of action commencing not on discovery but rather at the date of the allegedly negligent act.”, and concluded . . that T.C.A., 23-3415(a) did not eliminate the special rights of minors under T.C.A. 28-107.”
In our original opinion, we applied the Braden rule 1 to the facts under that right of action and concluded that it was lost by the running of the statute of limitations, i. e., one year after attaining her majority, T.C.A., § 28-107, which principle is conceded in the petition to rehear, quoting from 1 Am.Jur.2d, Actions, § 8.
The petition to rehear is respectfully denied.
SANDERS, J., concurs.
. In Braden the discovery doctrine was not an issue and the plaintiff filed suit prior to his nineteenth birthday.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9644406. Public record. Not legal advice.