Eason v. Memphis Light, Gas & Water Division

866 S.W.2d 952, 1993 Tenn. App. LEXIS 479
CourtCourt of Appeals of Tennessee
DecidedJuly 15, 1993
StatusPublished
Cited by12 cases

This text of 866 S.W.2d 952 (Eason v. Memphis Light, Gas & Water Division) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eason v. Memphis Light, Gas & Water Division, 866 S.W.2d 952, 1993 Tenn. App. LEXIS 479 (Tenn. Ct. App. 1993).

Opinion

CRAWFORD, Judge.

This case involves the applicability of the Tennessee savings statute to an action brought against a governmental entity under the Tennessee Human Rights Act. On June 24, 1986, plaintiff, Tasha Eason (hereinafter Eason), filed a complaint in the Chancery Court of Shelby County alleging that defendant, Memphis Light, Gas & Water Division of the City of Memphis (MLGW), had refused to reinstate or reemploy her because of her sex and/or race in violation of the Tennessee Human Rights Act, T.C.A. § 4-21-101 et seq., Title VII of the Civil Rights Act of 1964, 42 U.S.C., § 2000e et seq. and 42 U.S.C. §§ 1981 and 1983. On July 15, 1986, MLGW removed the action to the United States District Court for the Western District of Tennessee.

After various transfers and rulings in the federal court, the case was dismissed without prejudice on April 21,1992, pursuant to Fed. R.Civ.P. 41(a)(2). On that date, Eason filed a motion to reopen her original suit in the chancery court, and on July 21, 1992, Eason filed a new action in chancery court alleging claims solely under the Tennessee Human Rights Act. On October 20, 1992, the chancellor entered an order dismissing the new action filed July 21, 1992, and in the same order denied Eason’s motion to reopen her original suit. In its order, the court stated:

Based upon the arguments of the parties, the court concludes the following:
1. Pursuant to the case of Bolivar Sand Co. v. Allied Equipment, slip op. (Tenn. App. filed April 13, 1987) this court lacked jurisdiction to dismiss plaintiffs action number 934663-3 after that action was removed to federal court. The court further finds that the federal court, not this chancery court, had jurisdiction of all of the plaintifPs claims, including plaintiffs state law claims. Accordingly, this court no longer has jurisdiction of plaintiffs claim number 934663-3.
At the April 27,1992, hearing before Judge MeCalla plaintiff, pursuant to Rule 41(a)(2) moved to dismiss without prejudice all of her claims in federal court. The federal court granted plaintiffs motion and this dismissal operated as a dismissal of her federal law and state law claims. Because plaintiffs state law claims were not remanded to chancery court, this court has no jurisdiction over those claims and, therefore, denies plaintiffs motion to reopen.
2. With regard to defendant’s motion to dismiss plaintiffs newly filed complaint No. 101720-3, the court finds Williams v. MLGW, 773 S.W.2d 522 (Tenn.App.1988) to be controlling. Thus, the Tennessee savings statute, Tennessee Code Annotated § 28-1-105 does not apply to MLGW, a governmental entity, in this action commenced under the Tennessee Human Rights Act, and plaintiff is beyond the time in which to refile her action. The court also finds the doctrines of equitable tolling and continuing violation to be inapplicable.

The sole issue for this Court to decide is whether the savings statute, T.C.A § 28-1-105, is applicable to plaintiffs action under the Tennessee Human Rights Act against MLGW, a governmental entity. T.C.A § 28-1-105 (1980 & Supp.1992) states in pertinent part:

(a) If the action is commenced within the time limited by a rule or statute of limitation, but the judgment or decree is rendered against the plaintiff upon any ground not concluding his right of action, or where the judgment or decree is rendered in favor of the plaintiff, and is arrested, or reversed on appeal, the plaintiff, or his representatives and privies, as the case may be, may, from time to time, commence a new action within (1) year after the reversal or arrest.

This statute is remedial, and should be liberally construed in furtherance of its purpose and in order to bring cases within its [954]*954spirit and fair intention. Woods v. Palmer, 496 S.W.2d 474 (Tenn.1973); Energy Sav. Prods., Inc. v. Carney, 737 S.W.2d 783 (Tenn. App.1987).

MLGW relies on the case of Williams v. Memphis Light, Gas & Water Div., 773 S.W.2d 622 (Tenn.App.1988), in which plaintiff brought suit pursuant to the Tennessee Governmental Tort Liability Act against MLGW for personal injuries sustained when he stepped on a water meter cover. Plaintiff filed suit on September 24, 1984, and voluntarily nonsuited the action on October 24, 1986. Plaintiff then refiled a second suit on May 22, 1987, alleging the same cause of action. The Williams court noted that the Governmental Tort Liability Act allows suit to be brought against governmental entities within limitations expressed in the act. One such limitation is set forth in T.C.A. § 29-20-305(b) which provides that “[t]he action must be commenced within twelve (12) months after the cause of action arises.” In dismissing plaintiffs suit, the court held that the Tennessee savings statute does not apply to suits brought under the Tennessee Governmental Tort Liability Act. The Court said:

Where a statute creates a new liability or extends a new right to bring suit and that statute provides a time period within which to bring the action, that period
“operates as a limitation of the liability itself as created, and not of the remedy alone. It is a condition attached to the right to sue at all. Time has been made the essence of the right, and that right is lost if the time is disregarded. As thus defined, the right of action is conditional. The limitation inheres in the right itself.”
Automobile Sales Co. v. Johnson, 174 Tenn. 38, 122 S.W.2d 453, 457-458 (1938).
As a governmental entity, MLG & W is covered by the Act. Since the Act created a new liability, it must be strictly construed.

773 S.W.2d at 523.

MLGW argues that the rationale of the Court in Williams is applicable to the case at bar and that the savings statute cannot be used to extend the period in which suit can be filed against a governmental entity. Reliance is also placed on Thomas v. State, slip op. (Tenn.App. filed June 14, 1984).

Defendant’s reliance on Williams and Thomas is misplaced. In Williams, the case was filed under the Tennessee Governmental Tort Liability Act, which specifically requires suit to be filed within twelve months after the cause of action arises. T.C.A § 29-20-305(b) (Supp.1992). Thomas was a case filed with the Board of Claims against the State of Tennessee and the statute authorizing such a claim requires that it be filed within stated times from the date the claim accrues. T.C.A § 9-8-402(a) & (b) (1992).

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Bluebook (online)
866 S.W.2d 952, 1993 Tenn. App. LEXIS 479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eason-v-memphis-light-gas-water-division-tennctapp-1993.