Sullivan v. Chattanooga Medical Investors

• Decision Date: 24 April 2007
• Docket Number: No. M2004-02264-SC-R11-CV.,M2004-02264-SC-R11-CV.
• Citation: 221 S.W.3d 506
• Parties: Terry SULLIVAN ex rel. WRONGFUL DEATH BENEFICIARIES OF Charlie SULLIVAN v. CHATTANOOGA MEDICAL INVESTORS, LP, et al.
• Court: Tennessee Supreme Court

221 S.W.3d 506

Terry SULLIVAN ex rel. WRONGFUL DEATH BENEFICIARIES OF Charlie SULLIVAN v. CHATTANOOGA MEDICAL INVESTORS, LP, et al.

No. M2004-02264-SC-R11-CV.

Supreme Court of Tennessee, at Nashville.

February 1, 2007 Session.

April 24, 2007.

Thomas O. Helton, Christy Tosh Crider, and John Michael Phillips, Nashville, Tennessee, for the appellants, Chattanooga Medical Investors, LP, and Life Care Centers of America, Inc.

Richard E. Circeo, and Carey L. Acerra, Nashville, Tennessee, and Brian G. Brooks, Greenbrier, Arkansas, for the appellee, Terry Sullivan, Administrator of the Estate of Charlie Sullivan.

OPINION

WILLIAM M. BARKER, C.J., delivered the opinion of the court, in which JANICE M. HOLDER, CORNELIA A. CLARK, and GARY R. WADE, JJ., joined.

A representative of the deceased filed a complaint against the owners of a nursing home alleging acts of negligence and abuse. The trial court granted summary judgment to the nursing home, ruling that the claims were time-barred by the one-year statute of limitations, which was not tolled by the deceased's mental incompetency because the deceased had previously granted a durable power of attorney to his son. The Court of Appeals reversed the judgment of the trial court and remanded for further proceedings. We affirm the judgment of the Court of Appeals.

I. Facts and Procedural History

On February 4, 1997, Charlie Sullivan granted a durable power of attorney to his son, Terry Sullivan. The power of attorney document stated in part that "[m]y attorney-in-fact shall act in my name, place and stead in any way to which I myself could do, if I were personally present, with respect to . . . claims and litigation." The document also stated that the power of attorney "shall not be affected by the subsequent disability or incompetence of the grantor." The power of attorney document was drafted by Terry Sullivan, who testified that he believed that his father needed some help dealing with "insurance companies, doctor bills, [and other] thing[s] of that nature."

From April 19, 2001, until August 11, 2001, Charlie Sullivan was a resident of Centerville Health Care Center, which was owned and operated by Chattanooga Medical Investors, LP, and managed by Life Care Centers of America, Inc. (collectively referred to as "Centerville Health Care"). It is uncontested that during Charlie Sullivan's residency at Centerville Health Care, he was mentally incapacitated. On August 11, 2001, Charlie Sullivan was removed from Centerville Health Care because his family was concerned that he was receiving inadequate care. Charlie Sullivan passed away on November 26, 2001.

On November 19, 2002, Terry Sullivan, as the administrator of Charlie Sullivan's estate, filed a complaint on behalf of the deceased's beneficiaries against Centerville Health Care. The complaint alleged various counts of negligence and alleged that those acts of negligence caused the deceased pain and suffering and ultimately led to his death. The complaint was filed over a year after the deceased left the care of Centerville Health Care but within a year of his death.

The trial court granted summary judgment to Centerville Health Care. The trial court ruled that the claims were barred by the one-year statute of limitations, Tenn. Code Ann. § 28-3-104(a)(1) (2000), and that the statute of limitations was not tolled by Charlie Sullivan's mental incompetency because he had granted a durable power of attorney while competent, see Tenn.Code Ann. § 28-1-106 (2000). The Court of Appeals reversed the trial court and remanded the case, holding that the existence of the durable power of attorney did not affect the tolling of the statute of limitations. We affirm the judgment of the Court of Appeals.

II. Standard of Review

Summary judgment is appropriate only when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Tenn. R. Civ. P. 56.04. An appeal from a summary judgment presents a pure question of law. We review questions of law de novo without a presumption of correctness as to the trial court's judgment. Perrin v. Gaylord Entm't Co., 120 S.W.3d 823, 826 (Tenn.2003).

III. Analysis

The statute of limitations for personal injuries, including wrongful death actions, is governed by Tennessee Code Annotated 28-3-104(a)(1), which provides that the action shall be commenced within one year after it has accrued. See Collier v. Memphis, Light, Gas & Water Div., 657 S.W.2d 771, 774 (Tenn.Ct.App.1983) (citing Jones v. Black, 539 S.W.2d 123, 126 (Tenn.1976)). The complaint against Centerville Health Care was filed over a year after Charlie Sullivan was transferred from Centerville Health Care. Therefore, unless the statute of limitations was tolled, the claims against Centerville Health Care are time-barred.

Tennessee Code Annotated section 28-1-106 (the "Tolling Statute") provides the following:

If the person entitled to commence an action is, at the time the action accrued, either under the age of eighteen (18) years, or of unsound mind, such person, or such person's representatives and privies, as the case may be, may commence the action, after the removal of such disability, within the time of limitation for the particular cause of action, unless it exceeds three (3) years, and in that case within three (3) years from the removal of such disability.

The purpose of the statute is "to declare that statutes of limitation do not begin to run until a person's disability is removed." Arnold v. Davis, 503 S.W.2d 100, 102 (Tenn.1973). Applying section 28-1-106, the Court of Appeals held that the statute of limitations was tolled due to Charlie Sullivan's mental incapacity during the time that he was in the care of Centerville Health Care and until his death. See Abels ex rel. Hunt v. Genie Indus., Inc., 202 S.W.3d 99, 105 (Tenn.2006) ("The disability of unsound mind is removed when the individual is no longer of unsound mind, due to either a change in the individual's condition or the individual's death.").

Centerville Health Care makes two arguments as to why the actions brought against it in this case should not be tolled. First, Centerville Health Care argues that the Tolling Statute is triggered only when "the person entitled to commence an action" is of unsound mind. Terry Sullivan held a durable power of attorney for Charlie Sullivan, which gave him the authority to bring claims and litigation on Charlie Sullivan's behalf. Consequently, Centerville Health Care argues that in this case, "the person entitled to commence [the] action" was Terrry Sullivan. And because Terry Sullivan was mentally competent during all relevant times, the statute of limitations was not tolled. Second, Centerville Health Care argues that for the purposes of the Tolling Statute the existence of a durable power of attorney removed Charlie Sullivan's disability.

1. Person Entitled to Commence an Action

Centerville Health Care's first argument is that the Tolling Statute does not apply in this case because "the person entitled to commence [the] action" was Terry Sullivan, who was mentally competent during all relevant times. After examining the language of the statute and the relevant case law, we conclude that Terry Sullivan is not "the person entitled to commence an action" within the meaning of the Tolling Statute.

Tennessee Code Annotated section 28-1-106 provides that if "the person entitled to commence [the] action" is a minor or of unsound mind, such a person or such a person's "representatives and privies" may bring the action within the time of limitation after the disability is removed. The person "entitled to commence an action" is more than just a person who has the authority to bring an action. The term clearly refers to the person who is under the disability, who suffered the legal wrong, and to whom the claim belongs. In this case, that person is Charlie Sullivan because it is Charlie Sullivan, and not Terry Sullivan, who suffered the alleged negligent treatment at the hands of Centerville Health Care.

More particularly, Centerville Health Care's position is irreconcilable with the "representatives and privies" language in section 28-1-106. If the Tolling Statute were inapplicable anytime that there existed someone who had the authority to bring suit for the person under a disability, there would be no reason for the statute to provide that a suit may be commenced by a "person's representatives and privies." According to the argument advanced by Centerville Health Care, this language would be rendered meaningless because the existence of any representative, whether it be a guardian, a conservator, a next friend, or an attorney in fact, would remove the protection of the Tolling Statute. See Culbreath v. First Tenn. Bank Nat'l Ass'n, 44 S.W.3d 518, 524 (Tenn.2001) ("[W]e must interpret the statute `as a whole, giving effect to each word and making every effort not to interpret a provision in a manner that renders other provisions of the same statute inconsistent, meaningless or superfluous.'") (quoting Cafarelli v. Yancy, 226 F.3d 492, 499 (6th Cir.2000)).

If we were to construe the language in the Tolling Statute—"the person entitled to commence an action"—to include anyone with the authority to commence an action, the Tolling Statute would never apply in any case when a person is deemed to have the authority to act for someone who is disabled because of age or unsound mind. Such a construction would conflict not only with the purpose of the statute but also with our previous jurisprudence, holding that the appointment of a guardian or conservator does not affect the tolling of a statute of limitations. See Abels ex rel. Hunt v. Genie Indus., Inc., 202 S.W.3d 99, 103 (Tenn.2006). In addition, all minors have some person, either a...