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.

 



Couple Launches Hat Company; Gives Part Of Proceeds To Public Schools

Olivia Connor was a resident in the local Project Inspire teacher residency program when she realized the need for more funding for Chattanooga's public schools so that students have every possible opportunity to learn inside and outside the classroom. She and her husband Ty came up with a creative, innovative way to add more funding to the Hamilton County Department of ... (click for more)

Chattanooga Police Department Sponsors Crime Prevention Training For Business Owners And Managers

The Chattanooga Police Department is sponsoring free crime prevention training primarily designed for business owners and managers who are interested in making their facility and employees as safe as possible. A nationally-accredited Crime Prevention specialist from the University of Tennessee’s Law Enforcement Innovation Center will cover the following topics during the four-hour ... (click for more)

Signal Facing Decisions On Expanding Commercial Area Past Albert Road, Mountain Community Center And Water Service

The design review committee (DRC) of the town of Signal Mountain is in the process of establishing standards for commercial buildings. In the meantime, developer Bob Elliott would like to buy property at the corner of Taft Highway and Albert Road. Albert Road has traditionally been where the commercial property ends. A number of residents in the neighborhood around that area are ... (click for more)

Initiative Launches In Support Of Signal Mountain’s Water System; Tennessee-American Says It Has Long Provided Clean Water To Signal

A citizen committee is urging Signal Mountain "to be vocal and choose local" in the imminent water department sale. The local group formed “Be Vocal. Choose Local.” after the town of Signal Mountain voted last May to initiate a Request for Proposals for the acquisition of its water department.  The committee urges the town to sell its water system to Walden’s Ridge Utility ... (click for more)

Legislators: Protect Our Students And Teachers

When students step into their classrooms, they are there to learn and prepare for their future. Our teachers serve to advance each student’s education and guide them towards success.  Educators have an additional responsibility: maintaining the trust and respect of their students by conducting themselves professionally and responsibly. The vast majority of our ... (click for more)

Roy Exum: The Saturday Funnies

Every day, without exception, I find a number of “treats” in my daily dose of email. These funnies, and other pertinent information, are sent to me by a myriad of “Internet Buddies” who I repay by sending out some of the funniest that I collect. Think of it as sort of a “co-op” for my readers to enjoy. When The Saturday Funnies began last summer, it was what I still think is ... (click for more)