Day on Torts - New Post: Day on Torts Nugget: Reliance on the Savings Statute after a Voluntary Dismissal

Day on Torts Nugget: Reliance on the Savings Statute after a Voluntary Dismissal

Posted: 13 Feb 2020 07:04 AM PST

Tennessee law will permit a plaintiff who properly voluntarily dismisses a suit in state to timely re-file it and avoid a statute of limitations defense, but the correct procedure must be followed.

Frye v. Blue Ridge Neuroscience Center, P.C., 70 S .W.3d 710, 716-717 (Tenn.2002) tells us that “absent service of the Notice of Voluntary Dismissal and the complaint at the time of taking the nonsuit, a plaintiff who has failed to serve process prior to the taking of the nonsuit in accordance with Rule 3 may not rely upon the benefit of the one-year tolling period of the saving statute to avoid the bar of the statute of limitations.”