Day on Torts

MAY 23, 2023

Ordinarily and subject to several important exceptions, the statute of limitations in Tennessee personal injury cases is one year. One exception to that rule is Tenn. Personal injury suits are subject to a one-year statute of limitations under Tenn. Code Ann. § Code Ann. § 28-3-104(a)(2).

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Day on Torts

MAY 4, 2021

My newest column it Tennessee Bar Journal: Traffic Citations: Their Impact on Statutes of Limitations in Personal Injury and Wrongful Death Cases.”

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Day on Torts

DECEMBER 20, 2021

Before his death, decedent filed suit for personal injury and loss of consortium in West Virginia. After decedent’s death, plaintiffs filed this suit in Tennessee, attempting to have the remaining settlement proceeds distributed as wrongful death proceeds rather than having them distributed under decedent’s will.

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Personal Injury Tort Cause of Action Litigation 59

Day on Torts

APRIL 16, 2021

Where a car accident plaintiff filed suit against the other driver’s insurance company within the statute of limitations, but failed to add the other driver as a party until two days after the statute of limitations had run, dismissal was affirmed. In Haywood v. Trexis Insurance Corp., W2020-00418-COA-R3-CV (Tenn. citing Tenn.

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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. §

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Day on Torts

SEPTEMBER 1, 2021

Subsection (c) of this statute states that if the claim is denied by the DCRM, “the division shall so notify the claimant and inform the claimant of the reasons therefor and of the claimant’s right to file a claim with the claims commission within ninety (90) days of the date of the denial notice.” 9-8-402(c).” Code Ann. §

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Day on Torts

FEBRUARY 24, 2022

The only issue in this personal injury case was damages. Plaintiff and his experts also testified that plaintiff suffered a traumatic brain injury in the accident. Note: Chapter 25, Section 10 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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