Diane R. Wright, et al. v. Shoney's Tenn1 LLC.

Case Number
M2014-01394-COA-R3-CV

Suit was brought for personal injuries allegedly sustained in a slip-and-fall at Defendant’s restaurant. Plaintiffs filed a notice of voluntary non-suit and then re-filed the complaint within a year of dismissal; service of process was not obtained for twenty months. On Defendant’s motion to dismiss the complaint as being ineffective because of Plaintiffs’ alleged intentional delay in securing service of summons in contravention of Tenn. R. Civ. P. 4.01(3), the court held that the delay was intentional and dismissed the complaint. Finding that the evidence does not support the finding that Plaintiffs intentionally delayed service of process, we reverse the judgment and remand the case for further proceedings.

Authoring Judge
Judge Richard H. Dinkins
Originating Judge
Judge Hamilton V. Gayden, Jr.
Case Name
Diane R. Wright, et al. v. Shoney's Tenn1 LLC.
Date Filed
Dissent or Concur
No
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