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 time the cause of action accrued, either under the age of eighteen (18) years, or of unsound mind, such person, or such person’s representatives and privies, as the case may be, may commence the action, after the removal of such disability, within the time of limitation for the particular cause of action, unless it exceeds three (3) years, and in that case within three (3) years from the removal of such disability."
But what happens when the person of "unsound mind" has a person appointed by the court to look out for him (a conservator)? The Tennessee Supreme Court looked at that issue in an opinion released yesterday. Here are the precise questions posed to the Tennessee Supreme Court from the United States District Court for the Western District of Tennessee.