Banks v. Elks Club Pride of Tennessee 1102

Alice Banks (plaintiff) was seriously injured when her chair collapsed at an event hosted by Elks Club Pride of Tennessee 1102 (defendant). Dr. Robert Boyce and Premier Orthopaedics (defendants) then negligently fused the wrong vertebrae during surgery to treat her injury, requiring a second corrective surgery. While recovering at a nursing home, Banks developed a staph infection requiring further treatment. Banks sued the Elks Club, Boyce, and Premier Orthopaedics, who sought to amend their answers to add the nursing home's comparative fault as a defense. The trial court denied the amendment, reasoning the common law original-tortfeasor doctrine already imputed the nursing home's fault to the defendants.