In a recent negligence case, the Court of Appeals vacated summary judgment due to the trial court’s failure to explain the basis upon which summary judgment was granted, and it remanded the case with directions for an order that met the standards of Tennessee Rule of Civil Procedure 56.04 to be entered.
In Koczera v. Steele, No. E2015-02508-COA-R3-CV (Tenn. Ct. App. April 28, 2017), plaintiffs had previously filed an HCLA suit against several defendants, including Dr. O’Connor and Oak Ridge Urology Associates (ORUA). Christi Steele was the office manager at ORUA, and she “was served with Dr. O’Connor’s process and gave the complaint and summons to another doctor, who gave them to Dr. O’Connor.” Dr. O’Connor was eventually dismissed from the HCLA suit on the basis that “Ms. Steele was not authorized to accept service of process on his behalf.”
Plaintiffs subsequently filed this case against Ms. Steele, the doctor to whom Ms. Steele gave Dr. O’Connor’s process, ORUA, Tennessee Urology Associates PLLC, and Tennessee Urology Associates PLLC d/b/a Oak Ridge Urology Associates. In their complaint, plaintiffs alleged that “the negligence and negligent misrepresentation of those parties prevented Dr. O’Connor from being properly served and resulted in his dismissal from the [original] suit.”