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The Western Section of the Tennessee Court of Appeals just released its opinion in Abshure v. Upshaw, No. W2008-01486-COA-R3-CV (Tenn. Ct. App. Mar. 17, 2009).
The opinion holds that a second nonsuit of an agent after the saving statute has ran bars any claim against the principal based upon respondeat superior. Abshure, No. No. 2008-01486-COA-R3-CV, slip. op. at 8-12.