Michael Lind v. Beaman Dodge, Inc., d/b/a Beaman Dodge Chrysler Jeep, et al.- Concurring

Case Number
M2010-01680-SC-S09-CV

I concur in the judgment of the Court, but I do not join the majority’s conclusion that a product liability action based on strict liability does not accrue against a non-manufacturing seller until the manufacturer “has been judicially declared insolvent.” Tenn. Code Ann. § 29-28-106(b) (2000). Rather, I would hold that a product liability cause of action accrues “on the date of the personal injury,” as provided in Tennessee Code Annotated section 28-3-104(b)(1) (2000). However, I would hold that, with respect to claims against a non-manufacturing seller based on strict liability, the one-year statute of limitations is tolled until the manufacturer “has been judicially declared insolvent.” Tenn. Code Ann. § 29-28-106(b).
 

Authoring Judge
Chief Justice Cornelia A. Clark
Originating Judge
Judge Royce Taylor
Case Name
Michael Lind v. Beaman Dodge, Inc., d/b/a Beaman Dodge Chrysler Jeep, et al.- Concurring
Date Filed
Dissent or Concur
No
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