Day on Torts

NOVEMBER 7, 2022

Here, the issue was whether the pre-suit notice letter was sent by plaintiff “more than one year after the cause of action accrued and the one-year statute of limitations period began to run.”. Note: Chapter 50, Section 3 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Statute Tort Cause of Action Diligence 59

Day on Torts

MARCH 30, 2021

On appeal, the plaintiff first argued that the civil summons naming defendant should have related back to the date of his first filing under Tennessee Rule of Civil Procedure 15.03. Because of Rule 1, the second civil warrant, therefore, did not relate back to the filing of the first. Code Ann. § Pursuant to Tenn. Code Ann. §

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Day on Torts

AUGUST 9, 2021

Defendant implied in his brief that a check could not be considered “tangible personal property,” but the Court quickly pointed out that “conversion of checks is actionable” in Tennessee, as “checks designate specific amounts of money for use for specific purposes.” internal citations omitted). internal citation omitted).

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Day on Torts

FEBRUARY 18, 2021

Where plaintiff knew on October 31, 2017 that her surgeon had wrongly positioned screws during a previous spine surgery, the statute of limitations for her Tennessee HCLA claims against the hospital defendants who allegedly employed the surgeon began to run on that day. Saint Thomas Midtown Hospital , No. M2020-00029-COA-R3-CV (Tenn. “The

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