Municipal Ordinance Violation Does Not Extend Statute of Limitations in Tennessee
The general statute of limitations for a personal injury action in Tennessee is one year. Tennessee Code Ann. § 28-3-104, however, provides for an exception: when criminal charges are brought against a person alleged to have caused the injury, the statute of limitations is extended to two years. Recently, the Tennessee Court of Appeals clarified what constitutes a criminal charge for this statute-extending exception.
In Glover v. Duckhorn, 2023 Tenn. App. LEXIS 171, the plaintiff and defendant were involved in an October 29, 2020, motor vehicle accident. A Memphis Police Department officer issued the defendant a traffic citation pursuant to Memphis City Code Ordinance § 11-16-3 for failure to maintain a safe lookout. The defendant promptly paid the fine. On October 30, 2021, the plaintiff filed an action for personal injury damages against the defendant. The defendant moved to dismiss because the matter was filed more than one year after the date of accident.
In response to the motion to dismiss, the plaintiff asserted that the statute of limitations was extended to two years under Tenn. Code Ann. § 28-3-104(a)(2), because the defendant was issued a citation for his conduct in causing the accident. The defendant argued that his citation was a civil municipal ordinance and not a criminal charge. The trial court agreed with the defendant, dismissing the case. The plaintiff appealed.
The Court of Appeals’ opinion began by noting the legislature’s express directive that the statute of limitations be strictly construed. For the limitations period to be extended, the statute expressly requires a criminal charge and commencement of criminal prosecution. By contrast, the citation issued to the defendant carried a penalty of a civil fine only, with no possibility of jail time. The court held that violations of state statutes are criminal matters but violations of municipal ordinances are civil matters. The fact that the municipal ordinance mirrored a state criminal statute did not save the plaintiff as the defendant was not charged under the criminal statute.
It is important to remember that the statute of limitations can be extended in Tennessee when a criminal charge is brought against the defendant. After this clarifying opinion from the Court of Appeals, however, it also is crucial to determine the source of the citation when considering whether the extension applies. If the citation is for the violation of a city or county ordinance, rather than a state law, a personal injury claim may be barred if not filed within one year of the date of accident.