Lawyer Statute Tennessee 
Attorney at Work
MAY 31, 2022
A Tennessee lawyer was suspended and put on probation after failing to file a personal injury case. While the lawyer had every intention of refiling within one year, that date was stored only in his memory. The statute of limitations ran out due to his forgetting the deadline.
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. In Jones v. Smith & Nephew Inc. , W2021-00426-COA-R3-CV, 2022 WL 767709 (Tenn. Code Ann. §
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Day on Torts
MAY 5, 2021
The Tennessee Supreme Court recently explained the analysis for whether a statute creates a private right of action. Plaintiff general contractor brought this action in chancery court, asserting that it had a private right of action pursuant to a Tennessee statute. In Affordable Construction Services, Inc.
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. The Court next turned to whether summary judgment was appropriate under the Recreational Use Statutes.
Day on Torts
FEBRUARY 10, 2022
The trial court noted that “the facts regarding [defendant attorney’s] agreement to bifurcate damages were referenced in various motions leading up to the entry of final judgment,” and accordingly dismissed the action based on the statute of limitations. On appeal, dismissal was affirmed.
Day on Torts
FEBRUARY 8, 2021
Where plaintiff’s personal injury claim was based on a Tennessee car accident for which defendant was given a traffic citation for failure to exercise due care under Tenn. 55-8-136, which is a Class C misdemeanor, the statute of limitations for plaintiff’s action was extended to two years pursuant to Tenn. Code Ann. § Code Ann. §
Day on Torts
JANUARY 15, 2022
The Tennessee Supreme Court reviews very few cases in a given year. There are other types of cases that the Court is required to hear.) Given the case selection criteria in discretionary review matters and the types of appeal-as-of-right cases, each opinion is highly likely to materially impact Tennessee law. Code Ann. §
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