Certain claims for personal injury, wrongful death and property damage may be asserted against the State of Tennessee, but different rules apply and there are plenty of pitfalls for those unfamiliar with the law or procedures of litigating in the Claims Commission. One such pitfall arise at the intersection of the law of claims against the State and the law of comparative fault.
In Moreno v. City of Clarksville plaintiff filed a claim against the State of Tennessee after a tree on state law fell on his vehicle. When the claim was not settled, he timely filed a formal complaint with the Claims Commission. The State of Tennessee then blamed the City of Clarksville for causing the damage and, within the 90-day period provided by §20-1-119 plaintiff sued the City of Clarksville under the Governmental Tort Liability Act in state court. As permitted by statute, the Claims Commission action was transferred to the Circuit Court for Montgomery County and consolidated with the action pending against the City of Clarksville.