Michael Lind v. Beaman Dodge, Inc., d/b/a Beaman Dodge Chrysler Jeep
2011 Tenn. LEXIS 1151
| Tenn. | 2011Background
- Plaintiff injured March 28, 2006 when his truck self-shifted from park to reverse; he sued Chrysler (manufacturer) and Beaman (seller) in 2007, later nonsued Beaman and proceeded against Chrysler only; Chrysler filed for bankruptcy in 2009, triggering insolvency-related protections; 2009 refile included strict liability and negligence against Beaman; court weighed whether the one-year saving statute and insolvency exception apply to post-nonsuit filings; majority held strict liability accrues at insolvency and negligence claims are barred; trial court denied dismissal on timing for strict liability but granted interlocutory appeal; appellate court and Supreme Court addressed accrual, tolling, and the statutory framework; remanded for trial while clarifying which theories survive based on accrual timing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Accrual of strict liability against a non-manufacturer seller | Lind accrues when manufacturer insolvent, not at injury | Accrual begins at injury or sale; insolvency timing irrelevant | Accrual occurs at insolvency; strict liability timely filed |
| Negligence claim against seller after insolvency | Negligence could be pursued post-2007; saving statute applies | Negligence claim barred by one-year limit after nonsuit | Negligence claim barred by statute of limitations |
| Application of the saving statute (28-1-105) to post-nonsuit refiling | Saving statute permits new action within 1 year after reversal/arrest | Saving statute does not rescue time-barred claims | Saving statute applied where applicable to the strict liability claim; not to the negligence claim |
Key Cases Cited
- Braswell v. AC & S, Inc., 105 S.W.3d 587 (Tenn.Ct.App.2002) (insolvency exception for strict liability against sellers)
- Wyatt v. A-Best Co., 910 S.W.2d 851 (Tenn.1995) (accrual principles in tort; general accrual rule)
- Ladd by Ladd v. Honda Motor Co., 939 S.W.2d 83 (Tenn.Ct.App.1996) (liability theories under product liability; distinction from strict liability)