MARY L. SCALES V. H.G. HILL REALTY CO., LLC, ET AL. - Articles

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Posted by: Landry Butler on Jan 30, 2018

Court: TN Court of Appeals

Attorneys 1:

H. Anthony Duncan, Nashville, Tennessee, for the appellant, Mary L. Scales.

Attorneys 2:

Behnaz Sulkowski and Julie Bhattacharya Peak, Brentwood, Tennessee, for the appellees, H.G. Hill Realty Co., LLC and Hill Center at Belle Meade, LLC.

Judge(s): BENNETT

A customer slipped and fell at a grocery store and sued four different entities that owned and/or operated the store. When two of the defendants filed a motion to compel the plaintiff to respond to discovery responses, the plaintiff voluntarily dismissed these defendants from the action. Then, in response to an answer to an amended complaint in which another defendant asserted the comparative fault of the dismissed defendants, the plaintiff filed a second amended complaint adding the dismissed defendants back in as named defendants pursuant to Tenn. Code Ann. § 20-1-119. The newly added defendants filed a motion to dismiss, which the trial court granted. The plaintiff appealed, and we reverse the trial court’s judgment. We hold that the statute permitted the plaintiff to add the formerly dismissed defendants back into the lawsuit.

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