595 F. App'x 458
6th Cir.2014Background
- December 7, 2011: Jean Cobb was injured in an automobile accident involving Thomas W. Smith, an alleged TVA employee/agent.
- Plaintiffs (Bonnie Mallardi as next friend and with power of attorney for Cobb) filed a personal-injury complaint in December 2013.
- Tennessee law sets a one-year statute of limitations for personal-injury claims. Tenn. Code Ann. § 28-3-104(a)(1).
- Plaintiffs sought tolling under Tenn. Code Ann. § 28-1-106 (disability tolling for minors or those “adjudicated incompetent”), relying on the 2011 amendment that replaced “of unsound mind” with “adjudicated incompetent.”
- The district court treated TVA’s motion as a Rule 12(b)(6) dismissal and ruled the complaint time-barred because plaintiffs did not allege a prior judicial adjudication of incompetence; it declined to certify the unsettled question to the Tennessee Supreme Court.
- Plaintiffs appealed; the Sixth Circuit reviewed the dismissal de novo and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 28-1-106 requires a prior judicial adjudication of incompetence to toll the statute | The statute does not require a judicial adjudication; the 2011 amendments were not meant to limit tolling to court orders | The statute’s language (“adjudicated incompetent” and “restoration of legal rights”) requires a judicial determination before tolling applies | Court held the plain meaning requires a prior judicial adjudication; complaint lacked such an allegation, so claim is time-barred |
| Whether district court should have certified the question to the Tennessee Supreme Court | Mallardi urged certification because Tennessee courts had not addressed the amended language’s effect | TVA argued the amendment’s plain meaning was clear and certification was unnecessary | Court held certification was unnecessary because established principles of statutory interpretation made the answer clear; declined to certify |
Key Cases Cited
- Ohio Police & Fire Pension Fund v. Standard & Poor’s Fin. Servs. LLC, 700 F.3d 829 (6th Cir. 2012) (de novo review standard for dismissal).
- Directv, Inc. v. Treesh, 487 F.3d 471 (6th Cir. 2007) (pleading standards—construe complaint in plaintiff’s favor).
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (plausibility pleading standard).
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (pleading must state a plausible claim).
- Louisville/Jefferson Cnty. Metro Gov’t v. Hotels.com, L.P., 590 F.3d 381 (6th Cir. 2009) (apply state supreme court law when deciding unsettled state-law questions).
- Perrin v. Gaylord Entm’t Co., 120 S.W.3d 823 (Tenn. 2003) (Tennessee courts apply plain-meaning statutory interpretation to ascertain legislative intent).
- Haley v. Univ. of Tenn. Knoxville, 188 S.W.3d 518 (Tenn. 2006) (definition of “adjudicate” consistent with judicial determination).
- Transamerica Ins. Co. v. Duro Bag Mfg. Co., 50 F.3d 370 (6th Cir. 1995) (district court discretion on certification).
- Pennington v. State Farm Mut. Auto. Ins. Co., 553 F.3d 447 (6th Cir. 2009) (federal courts should not routinely certify every unsettled state-law question).