Chad Jackson, Member at Morgan, Akins & Jackson, PLLC, recently filed a Rule 12.02(6) Motion to Dismiss for Failure to State a Claim upon which Relief can be Granted, based on the applicable statute of limitations. Plaintiff initially sued a minor, alleging that he owned a dog involved in an alleged incident, but failed to comply with the service requirements of Rule 4.04. Then, Plaintiff sued the minor’s father, alleging he owned the dog, but Plaintiff did not amend his Complaint until 494 days after the date of alleged injury. Despite Plaintiff’s argument that the “relation back” provision of Rule 15.03 applied to save his claim against the father, the Court agreed with Chad’s legal analysis and dismissed the lawsuit.
Morgan, Akins & Jackson’s Nashville Office Secures Dismissal on Rule 12.02(6) Motion
| November 13, 2024