At the Crossroads of Three Statutes: TCA 20-119 Saves Action Against City

RICHARD MORENO v. CITY OF CLARKSVILLE
Court: TN Court of Appeals

Attorneys:

Bruce A. Kennedy and John T. Maher, Clarksville, Tennessee, for the appellant, Richard Moreno.

Lance A. Baker and Jeffrey T. Goodson, Clarksville, Tennessee, for the appellee, City of Clarksville.

Judge: BENNETT

Plaintiff filed a timely claim with the Division of Claims Administration, which did not resolve the claim within the statutory period. The claim was transferred to the Claims Commission, and Plaintiff filed a complaint pursuant to the Claims Commission Rules. Much later, the State amended its answer to allege fault by the City of Clarksville. Plaintiff filed suit against the City. The suit was dismissed because the trial court found that the “original complaint” under Tenn. Code Ann. § 20-1-119 was not filed within a year of the alleged injury. Plaintiff appealed. We reverse.

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