§31.9 Limitations of Actions for Claims by Minors
The Case: Doe v. Coffee County Board of Education , 852 S.W.2d 899 (Tenn. Ct. App. 1992), perm. appeal denied, (May 3, 1993).
The Basic Facts: A high school basketball coach engaged in improper sexual activities with students at the high school where he worked. The trial court dismissed two of the students claims based on the statute of limitations.
The Bottom Line:
- "FN2 Tenn. Code Ann. § 28-1-106 which extends a minor's right to file suit for personal injuries for one year after the minor's eighteenth birthday applies to actions between private parties and to actions brought under the Tennessee Governmental Tort Liability Act. See Collier v. Memphis Light, Gas & Water Div., 657 S.W.2d 771, 775 (Tenn. Ct. App. 1983); Tenn. Code Ann. § 29-20-104(b) (1980)." 852 S.W.2d at 903 fn 2.
Other Sources of Note:
Sanders v. Traver, 109 S.W.3d 282 (Tenn. 2003) (a complaint is timely filed under the GTLA’s twelve month statute of limitations if it is filed pursuant to the computation of time set forth in Tenn. R. Civ. P. 6.01); Lynn v. City of Jackson, 63 S.W.3d 332 (Tenn. 2001) (plaintiffs’ GTLA action asserting a wrongful death claim is time-barred by the statute of limitations; the minority ages of the decedent’s children does not toll the statute of limitations where the claim asserted is wrongful death).
Tenn. Code Ann. § 28-1-106.