Legal Opinion · Concurring in the judgment

Michael Lind v. Beaman Dodge, Inc., d/b/a Beaman Dodge Chrysler Jeep

Tennessee Supreme Court

Decided December 15, 2011No. M2010-01680-SC-S09-CVPublished

1Concurring in the judgmentCornelia A. Clark, C.J.

I concur in the judgment of the Court, but I do not join the majority’s conclusion that a product liability action based on strict liability does not accrue against a non-manufacturing seller until the manufacturer “has been judicially declared insolvent.” Tenn.Code Ann. § 29-28-106(b) (2000). Rather, I would hold that a product liability cause of action accrues “on the date of the personal injury,” as provided in Tennessee Code Annotated section 28-3-104(b)(1) (2000). However, I would hold that, with respect to claims against a non-manufacturing seller based on strict liability, the one-year…

2Cases cited17 opinions

  1. Lee Medical, Inc. v. Paula BeecherTennessee Supreme Court · 2010
  2. State v. FlemmingTennessee Supreme Court · 2000
  3. Colonial Pipeline Co. v. MorganTennessee Supreme Court · 2008
  4. Mercer v. Vanderbilt University, Inc.Tennessee Supreme Court · 2004
  5. Hicks v. StateTennessee Supreme Court · 1997

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