In State Farm Mutual Auto. Ins. Co. v. Blondin, No. M2014-01756-COA-R3-CV (Tenn. Ct. App. Mar. 14, 2016), the central issue was whether plaintiff had asserted its claim for personal injury damages in a timely fashion. State Farm was subrogated to its insured’s right to recovery following an accident between the insured and defendant’s daughter. The accident occurred on July 7, 2009, and State Farm filed a civil warrant in general sessions court on May 17, 2010. The warrant stated that State Farm brought the action “to recover damages to the property of plaintiff’s insured, Jenny R. Rone, caused by the negligence of the defendant. The date of loss was July 7, 2009. The amount of damages totaled $7,371.22…”
On July 15, 2010, more than one year after the accident, State Farm filed a motion to amend the warrant to say: “Suit to recover damages to the property and person of plaintiff’s insured…. The amount of damages totaled $24, 999.99…” The general sessions judge denied the motion to amend, writing on the motion that it was “denied as to personal injuries. Statute of limitations has expired.”
Following the denial of the motion to amend, State Farm filed a motion to remove the case to circuit court, which was also denied. State Farm then voluntarily dismissed the case without prejudice. State Farm refiled in general sessions court within the one-year allowed by the savings statute, but this time the warrant stated that it was “to recover damages to the person and/or property of plaintiff’s insured.” This warrant listed damages at $7,371.22. Defendant moved to dismiss this action based on timeliness, and the general sessions court dismissed the case. State Farm appealed to the circuit court and also filed an Amended Complaint seeking $44,124.57 in damages. Defendant again moved to dismiss, which was denied, and ultimately State Farm got a judgment for $20,575, which was reduced by 20% because the court found the insured to be 20% at fault. Defendant then appealed to the Court of Appeals, which ultimately dismissed the personal injury portion of State Farm’s claim.