Day on Torts - New Post: Day on Torts Nugget – Amending A Complaint After A Defendant Alleges Fault of a Nonparty

A defendant sued within the statute of limitations states in its answer or amended answer that a person not a party to the lawsuit negligently contributed to cause plaintiff’s injuries.  Plaintiff decides to sue the nonparty, and rely on Tenn. Code Ann. §20-1-119 to avoid a statute of limitations defense.

How does a plaintiff add the nonparty as a party defendant?

The answer depends on whether the case is in state court or federal court.   In state court, plaintiff has an absolute right to amend under Tenn. R. Civ. Pro. 15.01.  In relevant part, it provides ” [f]or amendments adding defendants pursuant to Tenn. Code Ann. §20-1-119, however, written consent of the adverse party or leave of court is not required.”