Davey Mann v. Alpha Tau Omega Fraternity
380 S.W.3d 42
| Tenn. | 2012Background
- Manns sued Jeffrey Callicutt and others, including Alpha Tau Omega Fraternity and ZR Chapter, for injuries from a 2006 automobile crash.
- Amendments added Beaver, Cox, Kelly, Condon in 2008; Callicutts amended answer alleging fault by Appellees in 2009.
- Appellees moved to dismiss on statute grounds; Manns invoked Tenn. Code Ann. § 20-1-119 to amend within 90 days of fault pleading.
- Trial court dismissed Appellees as time-barred in 2009; orders were not final under Rule 54.02, and Manns sought interlocutory appeal.
- Manns filed a second amended complaint in 2010; Callicutts were later dismissed by consent, and Appellees moved again to limit claims.
- Court of Appeals affirmed dismissal on timeliness grounds; Tennessee Supreme Court held a non-finally dismissed party remains a party for § 20-1-119 purposes and reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a defendant dismissed under a written non-final order remains a party for § 20-1-119 | Manns: nonparty status preserved after non-final order; allows 20-1-119 amendment window. | Appellees: dismissal ends party status only when final under 54.02; otherwise, still party. | A party remains a party until an order of dismissal is final or interlocutory. |
Key Cases Cited
- Townes v. Sunbeam Oster Co., 50 S.W.3d 446 (Tenn. Ct. App. 2001) (holds party status ends upon dismissal order for §20-1-119)
- McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992) (establishes McIntyre comparative fault framework)
- McNabb v. Highways, Inc., 98 S.W.3d 649 (Tenn. 2003) (recognizes liberal construction of §20-1-119)
- Jones v. Prof'l Motorcycle Escort Serv., L.L.C., 193 S.W.3d 564 (Tenn. 2006) (connects fault attribution to plaintiff's ability to recover)
- Austin v. State, 222 S.W.3d 354 (Tenn. 2007) (applies §20-1-119 to same allegations against added party)
- Browder v. Morris, 975 S.W.2d 308 (Tenn. 1998) (discusses foreseeability of fault shifting and procedural relief)
- Townes v. Sunbeam Oster Co., 50 S.W.3d 448 (Tenn. Ct. App. 2001) (Townes v. Sunbeam further clarifies §20-1-119 timing)