Angel v. Ray

OPINION and ORDER

MYRON L. GORDON, District Judge.

This case is now before the court on plaintiffs’ motion to strike the affirmative defenses of Ray. The two defenses are basically as follows: that the action is barred by virtue of the Tennessee statute of limitations which provides that action against a tortfeasor must be commenced within one year from the date of the occurrence; and that Tennessee law provides that contributory negligence upon the part of a person seeking recovery shall bar that person from recovery.

The action arises out of a Tennessee automobile accident between two Illinois…