Mills v. Fulmarque, Inc.Annotate this Case
Plaintiffs filed a personal injury suit against The Royal Group. The Royal Group filed an answer alleging the comparative fault of Aaron Rents. Plaintiffs then filed an amended complaint adding Aaron Rents as a defendant. The one-year statute of limitations applicable to Plaintiffs' cause of action, however, had expired before The Royal Group filed its answer naming Aaron Rents. As a result, Plaintiffs filed their amended complaint within ninety days of The Royal Group's answer, relying on Tenn. Code Ann. 20-1-119. Aaron Rents thereafter alleged fault against Fulmarque. Plaintiffs subsequently filed a second amended complaint, naming Fulmarque as a defendant. The trial court eventually granted summary judgment in favor of Fulmarque, concluding (1) the action was barred by the statute of limitations, and (2) the ninety-day window provided by section 20-1-119 was not triggered by Aaron Rents' answer alleging comparative fault against Fulmarque. The court of appeals reversed. The Supreme Court reversed the court of appeals and reinstated the judgment of the trial court, holding that section 20-1-119 does not afford successive ninety-day windows during which a plaintiff may file an amended complaint naming a nonparty defendant as a comparative tort-feasor.