New Case on Tennessee's Saving Statute

The Tennessee Court of Appeals recently issued its opinion in Freeman v. CSX Transp., Inc., No. M2010-01833-COA-R9-CV (Tenn. Ct. App. Apr. 7, 2011). Here's the summary from the opinion, to wit:

In this interlocutory appeal, we are asked to determine: (1) whether the Tennessee saving[] statute, Tenn. Code Ann. § 28-1-105(a), may be invoked twice within the one-year savings period to save otherwise untimely actions; and (2) whether the Appellee acted with the diligence and good faith necessary to invoke the protection of the saving[] statute. We conclude that Appellee’s suit was properly brought within the protection of the Tennessee saving[] statute. Consequently, we affirm the judgment of the trial court.

Here's a link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/112/Patsy%20Freeman%20Personal%20Representative%20and%20Administratrix%20of%20the%20Estate%20of%20John%20R%20Freeman%20Deceased%20v%20CSX%20Transportation%20Inc%20OPN.pdf