Katherine B. Warren v. Champion Enterprises, No. 05-4059 (8th Cir. 2006)

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Court Description: Civil case - torts. District court did not err in finding that plaintiff had failed to raise a genuine issue of material fact supporting her contention that the "unsound mind" provision of Tennessee's tolling statute excused her failure to file within the applicable one-year statute of limitations.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-4059 ___________ Katherine B. Warren, * * Appellant, * * v. * Appeal from the United States * District Court for the Champion Enterprises, Inc.; Champion * Eastern District of Missouri. Home Builders Company, doing * business as Champion Homes of * [UNPUBLISHED] Tennessee, * * Appellees. * ___________ Submitted: October 31, 2006 Filed: November 1, 2006 ___________ Before MURPHY, BYE, and MELLOY, Circuit Judges. ___________ PER CURIAM. Katherine B. Warren appeals from the district court s1 entry of summary judgment in favor of defendants in her personal injury action. The district court held that Warren failed to raise genuine issues of material fact supporting her contention that the unsound mind provision of Tennessee s tolling statute excused her failure 1 The Honorable Henry E. Autrey, United States District Judge for the Eastern District of Missouri. to file within the one-year statute of limitations. See Tenn. Code Ann. ยง 28-1-106. Having carefully reviewed the record de novo, see Jacob-Mua v. Veneman, 289 F.3d 517, 520 (8th Cir. 2002), we find the district court s analysis to be correct, thorough, and well-reasoned. Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-

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