Friday, June 03, 2011
Is the Tort Action Time-Barred?
Assume you have a potential new client come to you to pursue a personal-injury tort action after the one-year statute of limitations has run. Is the claim time-barred? It might not be if the plaintiff was induced not to file suit by the defendant. See Jackson v. Kemp, 365 S.W.2d 437, 440-41 (Tenn. 1963) (holding that a plaintiff was induced not to sue defendant within the one-year limitations period applicable to personal-injury actions and that such an inducement prevented the defendant from availing himself of said limitation as a defense to plaintiff’s later-filed action); see generally Whitehead v. Davidson, 522 S.W.2d 865 (Tenn. 1975) (holding contra to Jackson under the facts of the case because they were distinguishable but acknowleding Jackson as good authority).