Cristy Irene Fair v. Stephen Lynn Cochran (Tennessee 2013)

Summary

The Tennessee Supreme Court held that a plaintiff may rely on the filing of the complaint to toll the statute of limitations even when the return of proof of service is filed 412 days after the summons, and remanded for the trial court to determine whether service occurred within ninety days. Justice Holder filed a concurring opinion disagreeing with the majority’s construction of Rule 4.03(1).

Holding

Whether the return of proof of service of process 412 days after issuance of a summons precludes a plaintiff from relying upon the original commencement of the lawsuit to toll the statute of limitations.. The plain language of Tennessee Rules of Civil Procedure 3 and 4.03 does not condition the effectiveness of the original commencement to toll the statute of limitations upon the prompt return of proof of service.