Document Category:
State: Tennessee
Subject Matter: Allgood v. Gateway - T CoA opinion
Document Title:
Comments:

UPDATE 4/21/10: Good day all and FYI – permission to appeal was denied by the Sup Ct. on Monday in this Allgood case below (we reported on 10-6-09).

—–Original Message—–
From: Rebecca Adelman [mailto:rebecca@AdelmanFirm.com]
Sent: Tuesday, October 06, 2009 7:37 PM

Subject: Allgood v. Gateway – T CoA opinion

In this med mal opinion, the defendant won MSJ at the trial level for

failure of process.  The MSJ was reversed after the COA held that

Defendant waived the affirmative defense of insufficiency of service of

process even though it was included in the Answer along with all facts

known by the Defendant regarding the grounds for the defense at the time

of the answer.  After the Defendant learned of additional facts to

support the defense, he failed to amend his answer or include them in

his interrogatory responses which requested them and instead moved for

summary judgment later after summons was not reissued and the SOL had

expired.  The COA reversed.

This opinion underscores the importance of including the facts known for

the affirmative defense under Rule 8.03 when answering, as well as

amending the answer and/or supplementing all affirmative defenses when

new facts are learned that support the affirmative defense.  Otherwise,

they will be waived.

Rebecca

Rebecca Adelman, Esq.

THE LAW AND MEDIATION OFFICES

OF REBECCA ADELMAN, PLC



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Document Author: TN Court of Appeals
Firm/Company: Allgood v. Gateway TN Court of Appeals
Document Date: January 1, 1970
Search Tags: service of process TN
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