Matus v. Metropolitan Government of Nashville,
No. M2002-01407-COA-R3-CV (Tenn. Ct. App. Apr. 7, 2003)

The parents of an infant who died during childbirth sued the hospital under the doctrine of respondeat superior, claiming that the hospital was liable for the negligence of its employed nurses. Shortly before trial, the parents settled their case against the nurses, but were permitted by the trial court to amend their complaint to name an additional nurse as a defendant. At trial, the hospital was found partially liable for the death of the infant. The hospital appealed, arguing that the parents should not have been permitted to amend their complaint on the eve of trial. The Court of Appeals for Tennessee ruled in favor of the parents, finding that the hospital had failed to identify any prejudice resulting from the trial court's ruling, and had failed to ask that the trial be delayed so that it could respond to the addition of the new defendant.