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ABELS v. GENIE INDUSTRIES, INC.

No. M2005-02597-SC-R23-CQ.

202 S.W.3d 99 (2006)

TERRY ABELS, as Next Friend and Guardian Ad Litem for JERRY HUNT v. GENIE INDUSTRIES, INC.; WHITE ELECTRICAL CONSTRUCTION COMPANY; and RENTAL SERVICES CORPORATION.

Supreme Court of Tennessee, at Nashville.

Filed on September 14, 2006.

Attorney(s) appearing for the Case

William E. Godbold, III, and Sean W. Martin, Chattanooga, Tennessee, and Molly Glover and Tracy A. Overstreet, Memphis, Tennessee, for the Petitioner/Defendant Rental Services Corporation a/k/a RSC.

Marty R. Phillips, Bradford D. Box, and James V. Thompson, Jackson, Tennessee, and Steve Beal, Lexington, Tennessee, for the Respondent/Plaintiff, Terry Abels, as next friend and guardian ad litem for Jerry Hunt.

J. Randolph Bibb, Jr., Nashville, Tennessee, and Robert F. Chapski, Knoxville, Tennessee, for the Respondent/Defendant Genie Industries, Inc.

Robert D. Flynn, Memphis, Tennessee, for the Respondent/Defendant White Electrical Construction Company.

Cornelia A. Clark, J., delivered the opinion of the court, in which William M. Barker, C.J., E. Riley Anderson, Adolpho A. Birch, JR., and Janice M. Holder, JJ., joined.

OPINION

CORNELIA A. CLARK, JUSTICE.

We accepted two questions of law certified by the United States District Court for the Western District of Tennessee to determine whether the applicable statute of limitations, Tenn. Code Ann. § 28-3-104(a)(1) (2000), begins to run against the tort claims of a legally disabled individual once a legal guardian is appointed. We hold that Tennessee's legal disability statute, Tenn. Code Ann. § 28-1-106 (2000), tolls...

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