29-34-305 - Report of supporting evidence making out prima facie case Dismissal without prejudice on the basis of minimum prima facie Move to reinstate case Effect of court's findings and dec - Tennessee Statutes

29-34-305. Report of supporting evidence making out prima facie case Dismissal without prejudice on the basis of minimum prima facie  Move to reinstate case Effect of court's findings and decision on prima facie showing Jury as trier of fact.

(a)  The plaintiff in any civil action who, alleging a silica claim or a mixed dust disease claim, shall file, within one hundred and twenty (120) days after filing the complaint, a written report by a competent medical authority, and any supporting evidence, making out the applicable prima facie case described in § 29-34-304. Any defendant shall have one hundred and twenty (120) days from the filing of the plaintiff's proffered prima facie evidence to challenge the adequacy of the proffered prima facie evidence for failure to comply with the minimum applicable requirements specified in § 29-34-304.

(b)  If the court finds that no genuine issue of material fact exists with respect to plaintiff's failure to make out a prima facie case as described in § 29-34-304, the court shall dismiss the plaintiff's claim without prejudice as a matter of law. The court shall maintain its jurisdiction over any case that is so dismissed without prejudice. Any plaintiff whose case has been so dismissed without prejudice may move at any time to reinstate the plaintiff's case, upon a renewed prima facie showing that meets the applicable minimum requirements specified in § 29-34-304.

(c)  (1)  The court's findings and decision on the prima facie showing shall not:

          (A)  Result in any presumption at trial that the exposed person has a physical impairment that is caused by silica or mixed dust exposure;

          (B)  Be conclusive as to the liability of any defendant in the case; or

          (C)  Be admissible at trial.

     (2)  If the trier of fact is a jury:

          (A)  The court shall not instruct the jury with respect to the court's findings or decision on the prima facie showing; and

          (B)  Neither counsel for any party nor a witness shall inform the jurors or potential jurors of the prima facie showing.

[Acts 2006, ch. 728, § 6.]