Thursday, October 28, 2010

Court reviews the dismissal of a motor vehicle-related personal injury suit based on the failure to provide prompt service of process to the Defendant.

ROBERT G. CRABTREE, JR., ET AL. v. JENNIFER L. LUND (Tenn. Ct. App. October 28, 2010)

Robert G. Crabtree, Jr., and Bonnie K. Hakey (collectively "the plaintiffs") filed suit against Jennifer L. Lund ("the defendant") seeking compensation for personal injuries and property damage arising out of a April 22, 2005, multiple-vehicle accident in Carter County.

With her answer, the defendant coupled a motion to dismiss under Tenn. R. Civ. P. 12.02 "on the basis of insufficiency of process and insufficiency of service of process." Following a hearing, the trial court dismissed the plaintiffs' suit with prejudice finding "that the Plaintiffs have not provided to the Court any valid reason for the delay in obtaining prompt service of process upon the Defendant." Plaintiffs appeal. We (1) vacate the trial court's judgment dismissing the plaintiffs' complaint and (2) remand for further proceedings.

Opinion may be found at:

SWINEY concurring

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