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The trial court granted Defendants' motion for summary judgment due to the limitations period having expired. Plaintiff argued the limitations period was tolled by T.C.A. § 28-1-106. The trial court rejected that argument because the resident had granted a durable power of attorney to Plaintiff prior to becoming incompetent. On appeal, the court found that the statute does not toll the limitations period only when there is no one to act for the plaintiff. Defendants also argued that the Uniform Durable Power of Attorney Act removed the disability by binding a principal regarding actions taken by an agent. Although the court agreed as to actions, the UDPAA does not bind a principal where the agent fails to take action. The complaint was not untimely because the limitations period was tolled. The judgment of the trial court was reversed. Decided: January 26, 2006. Appeal granted Sullivan v. Chattanooga Med. Investors, LP, 2006 Tenn. LEXIS 680 (Tenn. Aug. 21, 2006).
Opinion at: http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/061/SullivantOPN.pdf
Affirmed at: http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/072/SullivantOPN.pdf
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