Flossie Howard and Ezell Roberson, as legal heirs of decedent Martha Culp, v. Kindred Nursing Centers LTD, F/K/A Vencor Nursing Centers LTD, D/B/A Huntingdon Health & Rehab Center, and Baptist Memorial Health Care Corp, et al.

This case involves a statute of limitations. The plaintiffs’ decedent died in April 2000 at a nursing home. In February 2002, the plaintiffs filed this lawsuit against the nursing home in state court, alleging negligent care by the nursing home. The nursing home removed the action to federal court. Subsequently, the nursing home asserted fault against the hospital that treated the decedent prior to her death. The plaintiffs then amended their complaint to name the hospital as a defendant. Later, the federal court entered an order of dismissal as to the nursing home and remanded the remaining proceedings to state court. After that, the defendant hospital filed a motion to dismiss. The state court granted the motion to dismiss, ruling that the plaintiffs’ action was a medical malpractice action and was not timely under the applicable statute of limitations. We affirm.