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Lawsuit filed in Tennessee General Sessions Court for Property Damage Cannot be Amended to Add Personal Injury Damages After Statute of Limitations Has Run

Posted on Apr 17 2016 3:49PM by Attorney, Jason A. Lee

A recent case dealt with an attempted amendment to add personal injury damages after the initial suit only requested property damages.  The case was State Farm Mutual Automobile Insurance Company v. Robert Blondin, No. M2014-01756-COA-R3-CV, 2016 WL 1019609 (Tenn. Ct. App. 2016).  This case was about a July 7, 2009 automobile accident that occurred where an individual sustained personal injury and property damages.  State Farm Insurance filed a Civil Warrant on May 17, 2010 to recover amounts paid to their own insured under the uninsured motorist provision of their policy.  State Farm sued the allegedly at fault driver for property damage only as outlined in their initial Civil Warrant.  On July 15, 2010, after the 1 year statute of limitations for personal injury, State Farm filed a motion to amend the Civil Warrant to assert personal injury damages as well.  The General Sessions Court denied the motion due to the fact the statute of limitations had expired.  State Farm then appealed to the Circuit Court where this request was also denied and then the case was set for trial.  State Farm next voluntarily dismissed the case without prejudice prior to trial. 

 

After the dismissal without prejudice, State Farm refiled the action in General Sessions Court on January 31, 2012.  This time, State Farm’s Civil Warrant was for personal injury and property damages.  Ultimately, the Circuit Court, on appeal from General Sessions Court, went forward with the trial and allowed the case to be tried seeking both personal injury and property damages.  The Court awarded personal injury and property damages at the trial.  This case was then appealed to the Tennessee Court of Appeals over the statute of limitations issue. 

 

The Tennessee Court of Appeals reversed the decision of the trial Circuit Court.  The Court found that “the statute of limitations operated to deprive the General Sessions Court of subject matter jurisdiction to hear the claim for personal injuries”.  State Farm at p. 3.  Further, the appeals and voluntary dismissal by State Farm did not operate to revive or extend the statute of limitations because the statute of limitations was already extinguished. State Farm at p. 3.  The Court also discussed State Farm’s argument that the saving statute under T.C.A. § 28-1-105 somehow permitted State Farm to re-file the previous action and rely upon the prior filing of the lawsuit to extend statute of limitation.  The Court noted that the saving statute did permit State Farm to re-file the cause of action but it did not resurrect the previously barred cause of...

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TAGS: Damages, Defenses, Statute of Limitations, Civil Procedure Comments [0]
  
 
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Jason A. Lee is a Member of Burrow Lee, PLLC. He practices in all areas of defense litigation inside and outside of Tennessee.

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Tennessee Defense Litigation Blog
Jason A. Lee, Member of Burrow Lee, PLLC
611 Commerce Street, Suite 2603
Nashville, TN 37203
Phone: 615-540-1004
E-mail: jlee@burrowlee.com

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