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.
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Civil Procedure Updates, Personal Injury Updates
State, 6th Circuit, Tennessee |
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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