Legal Malpractice Case Reinstated; “Savings Statute” Applies to Tolling Agreement

March 8, 2016

The Tennessee Supreme Court recently issued its opinion in Circle C Construction, LLC. v.  D. Sean
Nilsen, 
resulting in the reinstatement of a professional negligence case against a law firm (commonly referred to as a “malpractice” claim).  The question in the case was whether a tolling agreement regarding the filing of suit precluded the later use of the “savings statute” that allows plaintiffs to re-file claims within a year after they are dismissed.  The Supreme Court determined that, in the absence of contractual language barring the savings statute, the plaintiffs were entitled to rely on it.

DPBC attorneys Donald Capparella and Elizabeth Sitgreaves were counsel of record on behalf of prevailing party Circle C. Construction.

Read the Tennessee Courts’ write-up here (which includes links to the opinion).


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