Court Clarifies When Plaintiffs May Add Back to a Suit

The Tennessee Supreme Court today, in Davey Mann et al v. Alpha Tau Omega Fraternity et al, clarified when plaintiffs may add back to a lawsuit involving comparative fault defendants previously named, but dismissed by a non-final order after the statute of limitations has run. In a unanimous opinion, the court held that a defendant dismissed by a non-final order is “not a party to the suit” for purposes of section 20-1-119 and may be added back to the lawsuit pursuant to section 20-1-119 if a timely-sued defendant files an answer alleging fault against the dismissed defendant. The Supreme Court remanded to the trial court for further proceedings. Learn more from the Administrative Office of the Courts