2022 Statute Tort 
Day on Torts
OCTOBER 18, 2024
A third complaint filed more than one year after dismissal of the original complaint did not fall within the savings statute and was time barred. 23, 2024), plaintiff filed a complaint alleging several tort claims, including assault, battery, and trespass. Defendant filed a motion to dismiss based on the statute of limitations.
Day on Torts
OCTOBER 18, 2024
A third complaint filed more than one year after dismissal of the original complaint did not fall within the savings statute and was time barred. 23, 2024), plaintiff filed a complaint alleging several tort claims, including assault, battery, and trespass. Defendant filed a motion to dismiss based on the statute of limitations.
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Day on Torts
MARCH 24, 2022
Where plaintiff filed a products liability claim based on a hip replacement device she had received, but her hip replacement occurred more than ten years before her suit was filed, dismissal based on the statute of repose was affirmed. W2021-00426-COA-R3-CV, 2022 WL 767709 (Tenn. In Jones v. Smith & Nephew Inc. , Code Ann. §
Day on Torts
AUGUST 10, 2022
Where defendant governmental entity did not own the park where plaintiff was injured, and plaintiff was attending a concert in the park when she fell, summary judgment based on both the GTLA and Recreational Use Statute was affirmed. E2021-00189-COA-R3-CV, 2022 WL 3092906 (Tenn. In Costner v. internal citation and quotations omitted).
Day on Torts
MAY 24, 2022
Where the gravamen of plaintiff’s complaint was his tort claim for defamation seeking unliquidated damages, the chancery court did not have subject matter jurisdiction and the case should have been transferred to circuit court. In Lowery v. Redmond , No. W2021-00611-COA-R3-CV (Tenn.
Day on Torts
MAY 18, 2022
M2021-00487-COA-R3-CV, 2022 WL 1404357 (Tenn. May 4, 2022), plaintiffs filed this pro se action that revolved around a newly built home they bought in August 2017 that had allegedly developed severe mold issues. In Simpkins v. John Maher Builders, Inc. , Code Ann. § 28-3-105.) On appeal, dismissal was partially reversed.
Day on Torts
FEBRUARY 16, 2022
M2021-00262-COA-R3-CV, 2022 WL 202641 (Tenn. 24, 2022), plaintiff was walking on a sidewalk in a residential neighborhood when she tripped and fell over a sewer cleanout cap that protruded from the middle of the sidewalk. In Garamella v. City of Lebanon , No. Code Ann. § This opinion was released 1.5
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