We accepted this appeal of a personal injury action to determine whether the dismissal of a defendant pursuant to a written order not made final under Tennessee Rule of Civil Procedure 54.02 renders that defendant “not a party to the suit” for purposes of Tennessee Code Annotated section 20-1-119. We answer this question in the affirmative. Because the Court of Appeals upheld the judgment of the trial court dismissing the appellees from the Manns’ second amended complaint as time-barred, we reverse the Court of Appeals and remand to the trial court for further proceedings.
Tuesday, July 03, 2012
Comparative Fault: New Tennessee Supreme Court Case on Tenn. Code Ann. sec. 20-1-119
The Tennessee Supreme Court just issued its opinion in Mann v. Alpha Tau Omega Fraternity, No. W2010-02316-SC-R11-CV (Tenn. July 3, 2012). The summary of the Court's opinion is a s follows:
Here's a link to the opinion:http://www.tncourts.gov/sites/default/files/mannd_opn.pdf