Sometimes, a voluntary dismissal under Rule 41 of the Tennessee Rules of Civil Procedure is required and appropriate but the plaintiff wishes to re-file the case within the time permitted by the “savings statute” (Tenn. Code Ann. Sec. 28-1-105).
What do you allege to avoid the risk of the defendant filing a motion to dismiss for failure to comply with the applicable statute of limitations?
Let’s use a hypothetical to demonstrate the point. Plaintiff is injured in a car crash on December 27, 2017. Plaintiff files suit against Defendant on August 14, 2018. Plaintiff needs to voluntarily dismiss the case, and does so by order dated April 20, 2019. The case is one to which the “savings statute” applies.