REGINALD M. YOUNGER v. KIBREAB KIDANE OKBAHHANES

REGINALD M. YOUNGER v. KIBREAB KIDANE OKBAHHANES
E2020-00429-COA-R10-CV

This appeal arises from a personal injury action. The plaintiff filed this action more than one year after the vehicle collision from which the cause of action accrued. The defendant filed a motion for summary judgment, arguing that the plaintiff’s action was untimely. The plaintiff filed a response arguing that the statute of limitations for personal injury actions was extended to two years, pursuant to Tennessee Code Annotated § 28-3-104(a)(2), due to the traffic citation issued to the defendant for failure to exercise due care in violation of section 55-8-136 as a result of the vehicle collision. The Trial Court found that section 28- 3-104(a)(2) was applicable to extend the statute of limitations to two years because the defendant had been charged with a criminal offense and a criminal prosecution had been commenced against him. Discerning no error, we affirm.

Authoring Judge: 
Judge D. Michael Swiney
Originating Judge: 
Judge Michael S. Pemberton
Date Filed: 
Thursday, January 28, 2021