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Articles Posted in Limitation of Actions

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Tolling Statute Applies to Plaintiffs Who Have Given Durable Power of Attorney

The Tennessee Supreme Court has ruled that the fact that an injured plaintiff had given his son a durable power of attorney did not prevent the plaintiff from relying on the "mental disability" tolling statute and bringing suit more than one year after an incident. The nursing home where plaintiff…

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Minor Can Recover Medical Expenses

The Tennessee Court of Appeals has ruled that a minor can sue to recover medical expenses paid to treat injuries received by the minor as a result of the negligence of another.  Although most of us (at least those of us who represent plaintiffs) have thought this was probably the…

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The “Unsound Mind” Exception to the Statute of Limitations

Tenn. Code Ann. § 28-3-104(a)(1) (2000) provides a one year statute of limitations in personal injury cases (the shortest such statute in the nation).  However, Tenn. Code Ann. § 28-1-106 (2000) creates two  exceptions to the rule; it provides as follows: "[i]f the person entitled to commence an action is, at the…

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