Trial Court's Grant of Summary Judgment to Defendant Upheld on Appeal Because Claim Was Not Extended Due to Defendant Being Cited for Violation of a Municipal Ordinance

The Tennessee Court of Appeals recently released its opinion in Glover v. Duckhorn, No. W2022-00697-COA-R3-CV (Tenn. Ct. App. May 2, 2023). The syllabus reads:

At issue is whether Tennessee Code Annotated § 28-3-104(a)(2) extends the statute of limitations for a personal injury action to two years when a traffic citation for the violation of Memphis City Code Ordinance § 11-16-3 for Failure to Maintain Safe Lookout is issued to the driver alleged to be at fault. Stated another way, is an exception created to the one-year statute of limitations for personal injuries if a person involved in an automobile accident receives a ticket for the violation of a municipal ordinance from that accident? The trial court ruled in the negative. We affirm.

Here is a link to the slip opinion: GloverEmmaOPN.pdf (tncourts.gov).

NOTE: This opinion makes clear that the violation of a municipal ordinance will not extend the one-year statute of limitations for personal injuries like the violation of a criminal statute will. This is a must-read opinion for any lawyer who handles personal-injury cases governed by Tennessee substantive law.