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Thursday, February 27, 2014

New Opinion on Tennessee Code Annotated section 20-1-119; the Governmental Tort Liability Act; and the Claims Commission

The Tennessee Court of Appeals just issued its opinion in Moreno v. City of Clarksville, No. M2013-01465-COA-R3-CV (Tenn. Ct. App. Feb. 25, 2014).  The summary from the slip opinion reads as follows:
Plaintiff filed a timely claim with the Division of Claims Administration, which did not resolve the claim within the statutory period. The claim was transferred to the Claims Commission, and Plaintiff filed a complaint pursuant to the Claims Commission Rules. Much later, the State amended its answer to allege fault by the City of Clarksville. Plaintiff filed suit against the City. The suit was dismissed because the trial court found that the “original complaint” under Tenn. Code Ann. § 20-1-119 was not filed within a year of the alleged
injury. Plaintiff appealed. We reverse.
Here is a link to the opinion:

This opinion offers a very good discussion of Tenn. Code Ann. sec. 20-1-119; the Governmental Tort Liability Act; and the Claims Commission.  It is a must-read for any Tennessee trial lawyer.

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