New Post on the Day on Torts dated 11/26/2024
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Day on Torts

Published by Day on Torts — Tennessee Personal Injury Attorney — The Law Offices of John Day, P.C.

Trial court dismissal of uninsured motorist carrier overturned.

By The Law Offices of John Day, P.C. on Nov 25, 2024 06:11 am

Where the trial court dismissed plaintiff’s claims against her uninsured motorist insurance carrier without stating any reason for the dismissal, the dismissal was vacated.

In Saulsberry v. Shannon, No. W2023-00532-COA-R3-CV (Tenn. Ct. App. Nov. 18, 2024) (memorandum opinion), the plaintiff filed suit against several defendants in connection with a car accident: the Shannons, three John Does, and the plaintiff’s uninsured motorist insurance carrier. Service was never issued for the John Does, and service on the Shannons was returned as “service incomplete.” No additional service was issued for the Shannons.

Plaintiff eventually moved to have her case consolidated with one the Shannons had filed against her. Consolidation was granted. Counsel for plaintiff and counsel for the Shannons corresponded about the complaint initially filed by plaintiff, but no additional summons was issued.


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