Davey Mann v. Alpha Tau Omega Fraternity

Summary

The Tennessee Supreme Court held that a defendant dismissed by a written trial-court order is no longer a "party to the suit" for purposes of Tennessee Code Annotated section 20-1-119, even when the dismissal order is interlocutory and not certified as final under Tennessee Rule of Civil Procedure 54.02. The Court concluded that the plaintiffs could amend their complaint to reassert claims against the dismissed defendants after another defendant alleged their comparative fault. The Court reversed the Court of Appeals and remanded for further proceedings.

Holdings

1. A named defendant ceases to be a 'party to the suit' for purposes of section 20-1-119 when the trial court issues a written order dismissing that defendant, whether the order is final or interlocutory.
2. The plaintiffs satisfied section 20-1-119 because they filed their second amended complaint within ninety days after the Callicutts alleged the appellees' fault, and the appellees had already been dismissed from the suit by written orders.
3. Res judicata did not bar the second amended complaint because the dismissal orders concerning the first amended complaint were not final judgments from a prior suit.

Questions Presented

1. Whether a defendant dismissed by a written order that is not final under Tennessee Rule of Civil Procedure 54.02 is a person 'not a party to the suit' for purposes of Tennessee Code Annotated section 20-1-119.
2. Whether the plaintiffs could invoke section 20-1-119 to re-add the previously dismissed defendants within ninety days after a timely sued defendant alleged that they caused or contributed to the plaintiffs' injuries.
3. Whether res judicata barred the second amended complaint.

Disposition

reversed_and_remanded