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AUSTIN v. STATE

222 S.W.3d 354 (2007)

David AUSTIN et al. v. STATE of Tennessee.

Supreme Court of Tennessee, at Nashville.

May 1, 2007.

Attorney(s) appearing for the Case

David A. Siegel, Memphis, Tennessee, for the appellants, David Austin, Tina Austin, and April Austin, a minor, by and through her parents and next friends, David Austin and Tina Austin.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; and Dawn Jordan, Assistant Attorney General, for the appellee, State of Tennessee.

OPINION

JANICE M. HOLDER, J., delivered the opinion of the court, in which WILLIAM M. BARKER, C.J., and CORNELIA A. CLARK and GARY R. WADE, JJ., joined.

We granted review in this case to determine whether Tennessee Code Annotated section 20-1-119 (Supp.2006) provides a plaintiff with a ninety-day extension of the statute of limitations when a defendant does not explicitly allege the fault of a nonparty. We conclude that the statute gives a plaintiff an additional...

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