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Compensatory damages equal to amount plaintiff paid for home affirmed in fraud case.

Day on Torts

Where there was material evidence to show that plaintiff met her required due diligence, the jury verdict for plaintiff on her intentional misrepresentation and fraud claim was affirmed. Accordingly, the Court ruled that, pursuant to Tenn. internal citation omitted). internal citations omitted).

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Dismissal partially reversed based on fraudulent concealment.

Day on Torts

The tort claims in this case were subject to the three-year statute of limitations applicable to injuries to real property, and the Court of Appeals agreed that this limitations period would not be tolled by the discovery rule under the facts here. Click on the link to see the book’s Table of Contents.

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Case against deceased defendant time-barred.

Day on Torts

Where the other driver in a car accident case died before suit was filed and the plaintiff failed to “timely file his tort action against the personal representative within the applicable statute of limitations,” summary judgment for the personal representative was affirmed. Luethke , No. E2020-00317-COA-R3-CV (Tenn.

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Finding of conversion and fraudulent concealment affirmed where brother signed sister’s name on check

Day on Torts

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). Code Ann. § 47-3-118(g). “In

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