Day on Torts

Savings statute measured from dismissal of first tort complaint.

A third complaint filed more than one year after dismissal of the original complaint did not fall within the savings statute and was time barred.

In Abdou v. Brown, No. 2023-01593-COA-R3-CV (Tenn. Ct. App. Sept. 23, 2024), plaintiff filed a complaint alleging several tort claims, including assault, battery, and trespass. This was the third complaint alleging these claims against the same defendant. The first complaint was filed in July 2017 and voluntarily dismissed in September 2019. The second complaint was filed in October 2019 and voluntarily dismissed in September 2022. This third complaint was filed in September 2023.

Defendant filed a motion to dismiss based on the statute of limitations. The trial court granted dismissal, and the Court of Appeals affirmed.

Tennessee savings statute measured from dismissal of first tort complaint.

A third complaint filed more than one year after dismissal of the original complaint did not fall within the savings statute and was time barred.

In Abdou v. Brown, No. 2023-01593-COA-R3-CV (Tenn. Ct. App. Sept. 23, 2024), plaintiff filed a complaint alleging several tort claims, including assault, battery, and trespass. This was the third complaint alleging these claims against the same defendant. The first complaint was filed in July 2017 and voluntarily dismissed in September 2019. The second complaint was filed in October 2019 and voluntarily dismissed in September 2022. This third complaint was filed in September 2023.

Defendant filed a motion to dismiss based on the statute of limitations. The trial court granted dismissal, and the Court of Appeals affirmed.

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