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

Friday, March 07, 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.

 


GeorgiaBEST Implemented At Georgia Northwestern

State Labor Commissioner Mark Butler announced that Georgia Northwestern Technical College (GNTC) in Rome has become the first institution of higher learning in Georgia to offer GeorgiaBEST, the Georgia Department of Labor’s (GDOL) initiative that teaches workplace soft skills. “I commend President Pete McDonald for recognizing the need to incorporate soft skills training ... (click for more)

Chattanooga Business Calendar Oct. 25 - Nov. 1

MO/27 Get a Job -- Tyner High School 10:17 a.m. to 3:55 p.m. Tyner High School: 6836 Tyner Rd. Get A Job instructs 10th graders on the finer points of interviewing skills, completing job applications, dressing for success and other topics of importance for the 21st century workforce.  Community volunteers are needed to assist with this event.  Please contact ... (click for more)

Man Shot At Apartments On Tunnel Boulevard Wednesday Afternoon, Then 2 Juveniles Shot At Rec Center On Oakwood Drive With Suspects In Custody

Chattanooga police officers responded to the apartment buildings at 404 Tunnel Blvd. Wednesday at 1:21 p.m., where residents say they heard multiple shots fired.  Witnesses said they saw multiple suspects fleeing the scene on foot behind the complex.  The male victim was taken to a local hospital for life threatening gunshot wounds.  Later Wednesday, ... (click for more)

Several Arrested Outside Erlanger Hospital When Crowd Gathers After Woodlawn Shooting

Several people were arrested Monday night outside Erlanger Hospital after a crowd gathered and clashed with police. The crowd included family and friends of 20-year-old Apprentice Berry, who was shot multiple times and killed earlier Monday night at the Woodlawn Apartments on Wilson Street. Erlanger officials said the group gathered at the emergency room, but were later moved ... (click for more)

Chattanooga Has Lost Its Most Popular Citizen - Luther Masingill - And Response

Chattanooga has lost its most popular citizen – Luther Masingill. Although we are saddened we cherish the memories.  All of us have a Luther story.  Mine is the first time I met Luther.  This was before TV and all of Chattanooga listened to Luther on the radio.  I was 12-years-old.  Some of my buddies and I had gone to the State Theater in downtown ... (click for more)

Roy Exum: The Policeman’s Prayer

Every year, when the Law Enforcement Foundation of Greater Chattanooga holds its annual luncheon, it is one of the most heartening displays of what America really believes, down deep inside. The most prominent and influential leaders in the community – well over 1,000 -- gather to pay tribute and pledge their support to our heroes in blue who are unfaltering in their devotion, service ... (click for more)