The Tennessee Court of Appeals recently issued an opinion of interest to every Tennessee personal injury lawyer. The Court of Appeals held in a car accident case that a plaintiff who serves a summons by certified mail must file the return receipt “promptly.” The court did not say what “promptly” means. The failure to do resulted in dismissal of the case.
Plaintiff filed suit within the statute of limitations and had summons issued the same day. There was some dispute as to whether Plaintiff’s process server delivered the summons and complaint to Defendant within 90 days, but the Court of Appeals found that dispute immaterial. Instead, the Court of Appeals affirmed dismissal based on the statute of limitations because Plaintiff filed the returned summons and proof of service more than a year after it was issued.
The Court of Appeals held that, in order for a plaintiff to rely upon the original filing date for the purpose of commencing suit under Tenn. R. Civ. P. 3, the plaintiff must “promptly” return proof of service under Tenn. R. Civ. P. . 4.03(1). Rule 4.03 states: