Reversing Court of Appeals: In Tennessee, if Plaintiff sues Defendant 1 within the statute of limitations, Defendant 1 blames a nonparty, and Plaintiff timely adds the nonparty (now Defendant 2) as a party defendant after the statute of limitations has expired but utilizing the 90-day grace period of T.C.A. 20-1-119. Later, Defendant 2 blames another nonparty. Plaintiff is prohibited from utilizing T.C.A. 20-1-119 to add that nonparty to the action. Why? Because T.C.A. 20-1-119 says that the defendant alleging comparative fault against the nonparty must have been sued within the statute of limitations.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.