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Nina Cahill and Kenneth S. Davis v. Charity Davis, Baptist Healthcare System, Inc., and Baptist Health Medical Group, Inc.
23A-PL-1682
Civil plenary. Affirms the Floyd Circuit Court’s grant of summary judgment to Baptist Healthcare Systems and Baptist Health Medical Group, Inc. Finds Nina Cahill and Kenneth Davis had the burden to demonstrate they could avoid the statute of limitations for a claim sounding in “ordinary negligence,” failed to cite the tolling statute in the trial court and failed to provide cogent argument regarding why a tolling provision from the Medical Malpractice Act should toll the statute of limitations for a lawsuit that asserts only claims of ordinary negligence. Also finds Baptist made a prima facie showing that it was entitled to summary judgment because the plaintiffs failed to file their ordinary negligence actions against Baptist within the two-year statute of limitations period for negligence actions.
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