Trial Court's Dismissal of Tort Action Upheld on Appeal Because Plaintiff Did Not Timely Commence the Action Against the Personal Representative of the Deceased Tortfeasor's Estate Within the Applicable Statute of Limitations

The Tennesse Court of Appeals has released its opinion in McMickens v. Perryman, No. W2022-00445-COA-R3-CV (Tenn. Ct. App. May 31, 2023). The slip opinion reads: 

The plaintiff filed this personal injury action following an automobile accident in which the other driver died. The plaintiff originally named the defendant as “John Doe, as Administrator of the Estate of [the deceased driver].” The trial court dismissed the action on the basis that the plaintiff failed to timely commence the action against the personal representative of the estate within the applicable statute of limitations. We affirm and remand.

Here is a link to the opinion: IN THE COURT OF APPEALS OF TENNESSEE (tncourts.gov).

NOTE: As footnote 2 of the opinion points out, since this a memorandum opinion under Rule 10 of the Tennessee Court of Appeals, it shall not be published, and shall not be cited or relied on for any reason in any unrelated case. With this in mind, however, the authorities cited in this opinion may be cited and relied on in other cases. As a result, this is a cautionary tale of how important it is to properly commence a civil action against a tortfeasor who has died before the lawsuit is filed.