EMMA GLOVER v. PAUL DUCKHORN - Articles

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Posted by: Tanja Trezise on May 2, 2023

Court: TN Court of Appeals

Attorneys 1: Alexandria G. Smartt, Clarksville, Tennessee, and Daryl A. Gray, New Orleans, Louisiana, for the appellant, Emma Glover.

Attorneys 2: Hal S. (Hank) Spragins, Jr., and Dawn Davis Carson, Memphis, Tennessee, for the appellee, Paul Duckhorn.

Judge(s): CLEMENT

At issue is whether Tennessee Code Annotated § 28-3-104(a)(2) extends the statute of limitations for a personal injury action to two years when a traffic citation for the violation of Memphis City Code Ordinance § 11-16-3 for Failure to Maintain Safe Lookout is issued to the driver alleged to be at fault. Stated another way, is an exception created to the oneyear statute of limitations for personal injuries if a person involved in an automobile accident receives a ticket for the violation of a municipal ordinance from that accident? The trial court ruled in the negative. We affirm.

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