Supreme Court Clarifies Rule On Amending Complaints To Name New Defendants After Expiration Of Statute Of Limitations

Friday, March 7, 2014

In a unanimous opinion, the Tennessee Supreme Court has held that state law allows a plaintiff to add a defendant whose involvement was raised by the original defendant, even when the plaintiff was aware of the new defendant before the statute of limitations expired.

The case involves Michael Becker, who was riding in a truck driven by his son when the truck hit a light pole. Mr. Becker was injured and filed a lawsuit in Hamilton County against Ford Motor Company, the manufacturer of the truck. Ford transferred the case to federal court. Then, in its answer to Mr. Becker’s complaint, Ford named the son as the person who caused the accident.

Mr. Becker asked the federal court for permission to amend his complaint to add his son as an additional defendant. By this time, the legal deadline for filing the suit had passed. However, a state law allows plaintiffs to file suit against new defendants who are named by the original defendant, despite the expiration of the statute of limitations.

The federal court was unsure whether Mr. Becker could add his son as a defendant because Mr. Becker was previously aware of his son’s involvement in the accident. Accordingly, the federal court turned to the Tennessee Supreme Court, asking whether the state law only applied to defendants who were unknown to the plaintiff prior to the expiration of the statute of limitations.

Interpreting Tennessee Code Annotated section 20-1-119, the Supreme Court held that the law’s plain language does not require that the new defendant be unknown to the plaintiff prior to the expiration of the statute of limitations. Mr. Becker was therefore permitted to file suit against the son.

To read the opinion in Becker v. Ford Motor Company, authored by Justice William C. Koch, Jr., visit the Opinions section of TNCourts.gov.

 



TVA Inspector General Resigns To Be U.S. Attorney For Southern District Of Alabama

The TVA Inspector General, Richard W. Moore, was confirmed by the United States Senate on Sept. 14, as the new U.S. Attorney for the Southern District of Alabama after having been nominated by President Donald J. Trump in June of this year. Mr. Moore submitted his resignation letter as Inspector General to President Trump effective the date of his appointment as the ... (click for more)

Chattanooga Chamber Calendar For Sept. 25-29

Here is the calendar for the Chattanooga Chamber of Commerce for Sept. 25-29: Tuesday, Sept. 26, Government Contracting: Managing the Maze to Get the Contract 9-11:30 a.m. BrightBridge Women’s Business Center: 535 Chestnut St., Ste. 161 Are you ready for government contracting? How to sell your products and services to federal, state and/or local governments. How to register ... (click for more)

3 Separate Shootings Early Sunday Morning Leave 1 Critically Injured, Another In Serious Condition

Chattanooga Police responded to three shootings, early Sunday morning. Jelani Sorrell, 33, was injured in the first shooting.  Chattanooga Police officers responded at 1:26 a.m. to a person shot at the Sky Zoo Night Club.  Upon arrival they were able to locate Sorrell suffering from multiple gunshot wounds. Sorrell was transported to a local hospital in critical ... (click for more)

Prosecutor Calls For "Meaningful Punishment" For Dyer, Brennan In $4.9 Million Swindle

Federal prosecutor James Brooks is calling for a "meaningful sentence" for Doug Dyer and James Brennan, who are charged in a $4.9 million swindle. He rejected arguments that they should receive leniency due to their age and health problems. They are set to be sentenced next Friday at 9 a.m. by Judge Travis McDonough. Prosecutor Brooks said concerning Dyer, "As this Court ... (click for more)

Fix Obamacare, Don't Repeal It - And Response (2)

John McCain recently said, "I cannot in good conscience vote for the Graham-Cassidy proposal. I believe we could do better working together, Republicans and Democrats, and have not yet really tried. Nor could I support it without knowing how much it will cost, how it will affect insurance premiums, and how many people will be helped or hurt by it. Without a full (Congressional Budget ... (click for more)

Roy Exum - Wrong Never An Option

In the Navy SEALS, there are two ways you should ever do a task: “The right way” and “Again.” We as a society admit failure when we take the much-besmirched path of “the lesser of two evils” because the destination will always be “wrong.” It’s true: ‘start wrong-end wrong’ happens every time. Evil, no matter to what degree, is always wrong and when the Hamilton County School Board ... (click for more)