Tuesday, May 4, 2010

Rule 60.02(1) relief denied for statute of limitations

WILLIAM JEFFREY WALKER v. NISSAN NORTH AMERICA, INC. (Tenn. Ct. App. August 18, 2009)

This appeal involves the dismissal of a personal injury case arising from an accident that occurred at Defendant's automobile manufacturing plant. The suit was originally filed and then voluntarily dismissed for improper venue. The case was filed again and later dismissed for failure to prosecute. Plaintiff filed a Motion to Set Aside the Order of Dismissal which was denied by the trial court. Plaintiff appeals. Finding that the trial judge did not abuse his discretion, we affirm the judgment of the trial court.

The full text of this decision may be found at the TBA website:
http://www.tba2.org/tba_files/TCA/2009/walkerw_082409.pdf

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