This healthcare liability action arose when the plaintiff, Lataisha Jackson, alleged that an employee, Charles Burrell, at Gould’s Salon Inc. d/b/a Gould’s Day Spa & Salon (“Gould’s”) sexually assaulted her while she was getting a massage. Ms. Jackson filed claims of vicarious liability, negligence, and negligent supervision, retention, and training against Gould’s. Gould’s filed a motion for summary judgment claiming, in part, that the negligence claims could not survive because Ms. Jackson failed to file a certificate of good faith, which is a pre-suit notice requirement under the Tennessee Health Care Liability Act (“THCLA”). In opposition, Ms. Jackson argued that the certificate of good faith was not required by law under the common knowledge exception to the THCLA. The trial court granted Gould’s motion for summary judgment based on Ms. Jackson’s failure to file the certificates of good faith and dismissed the claims with prejudice. Ms. Jackson appealed to the Court of Appeals but did not directly raise the issue of whether the common knowledge exception applied in this case. Gould’s, however, argued the issue in its brief. A majority of the intermediate court affirmed the grant of summary judgment in favor of Gould’s and held that the common knowledge exception did not apply and that, even if it did, Ms. Jackson waived the argument by not raising it as an issue on appeal. The dissent determined that the argument regarding the common knowledge exception was not waived and that the exception applied as related to Ms. Jackson’s negligence claims. On appeal to the Tennessee Supreme Court, Ms. Jackson contends that the issue of whether the common knowledge exception applies was not waived because she argued it in front of the trial court, Gould’s argued the issue in its brief on appeal, and Gould’s never raised the issue of waiver. Additionally, she argues that the common knowledge exception exempts her from having to file a certificate of good faith because, under the THCLA, the certificate is required for medical negligence and this a case of negligent supervision and retention of an employee. Gould’s argues that Ms. Jackson was required to file a certificate of good faith because the legislative intent shows that it is required for all health care liability claims, not just “medical” claims. Additionally, Gould’s contends that Ms. Jackson’s “skeletal” arguments in the trial court did not satisfy her burden of preserving the issue for appeal. Gould’s also contends that even if the argument is not waived, the common knowledge exception does not apply in this case because a determination of whether Gould’s acted negligently in hiring, retaining, or supervising an employee is not a matter within the common knowledge of a layperson.