At 1:30 the Court will hear an interlocutory appeal in Kay Thornhill CFNB v. Christopher Ingram of behalf of the Estate of Jennifer Lynn Ingram.
Jennifer Ingram was 22 when she died in 2001 at Forrest General Hospital. She had been treated the day before her death by Nurse Practitioner Kay Thornhill. Her estate filed a wrongful death lawsuit against various defendants including Thornhill and Forrest General on August 30, 2002. Ingram admits the case became dormant after a four year period because his attorney was working on other matters. At that point Thornhill filed a motion to dismiss for failure to prosecute which the judge granted without prejudice.
Ingram filed another Complaint on December 28, 2010 against all three defendants. On December 11, 2012, Thornhill filed a Motion for Summary Judgment on statute of limitations grounds arguing that there was no tolling when a case is dismissed “without prejudice” for lack of prosecution under Rule 41(b). The Court denied it. She later filed a second motion for summary judgment on the same grounds which the Court again denied but treating the motion as a Rule 60(b) motion. Thornhill filed a petition for interlocutory appeal which was denied.
Thornhill’s reply brief
Watch the argument here.
My gripe – no one gives us any clue how this young woman died. Am I the only person thinking someone might have enlightened us on that score?