Tennessee Code Annotated
Tenn. Code Ann. § 20-1-119 (2026)
Comparative fault - Joinder of third party defendants
✓ current as of May 2026
- (a)
- (1) In civil actions where comparative fault is or becomes an issue, if a defendant named in an original complaint initiating a suit filed within the applicable statute of limitations, or named in an amended complaint filed within the applicable statute of limitations, alleges in an answer or amended answer to the original or amended complaint that a person not a party to the suit caused or contributed to the injury or damage for which the plaintiff seeks recovery, and if the plaintiff's cause or causes of action against that person would be barred by any applicable statute of limitations but for the operation of this section, the plaintiff may, within ninety (90) days of the filing of the first answer or first amended answer alleging that person's fault, either:
- (A) Amend the complaint to add the person as a defendant pursuant to Tenn. R. Civ. P. 15 and cause process to be issued for that person; or
- (B) Institute a separate action against that person by filing a summons and complaint. If the plaintiff elects to proceed under this section by filing a separate action, the complaint so filed shall not be considered an original complaint initiating the suit or an amended complaint for purposes of this subsection (a).
- (2) In a civil action filed against an owner and operator of an uninsured motor vehicle, as defined in § 56-7-1202, where comparative fault is or becomes an issue, if an insurance company, served pursuant to § 56-7-1206 with an original complaint initiating a suit filed within the applicable statute of limitations, or served pursuant to § 56-7-1206 with an amended complaint filed within the applicable statute of limitations, alleges in an answer or amended answer to the original or amended complaint that a person not a party to the suit caused or contributed to the injury or damage for which the plaintiff seeks recovery, and if the plaintiff's cause or causes of action against that person would be barred by any applicable statute of limitations but for the operation of this section, the plaintiff may, within ninety (90) days of the filing of the first answer or first amended answer alleging that person's fault, either:
- (A) Amend the complaint to add the person as a defendant pursuant to Tenn. R. Civ. P. 15 and cause process to be issued for that person; or
- (B) Institute a separate action against that person by filing a summons and complaint. If the plaintiff elects to proceed under this section by filing a separate action, the complaint so filed shall not be considered an original complaint initiating the suit or an amended complaint for purposes of this subsection (a).
- (1) In civil actions where comparative fault is or becomes an issue, if a defendant named in an original complaint initiating a suit filed within the applicable statute of limitations, or named in an amended complaint filed within the applicable statute of limitations, alleges in an answer or amended answer to the original or amended complaint that a person not a party to the suit caused or contributed to the injury or damage for which the plaintiff seeks recovery, and if the plaintiff's cause or causes of action against that person would be barred by any applicable statute of limitations but for the operation of this section, the plaintiff may, within ninety (90) days of the filing of the first answer or first amended answer alleging that person's fault, either:
- (b) A cause of action brought within ninety (90) days pursuant to subsection (a) shall not be barred by any statute of limitations. This section shall not extend any applicable statute of repose, nor shall this section permit the plaintiff to maintain an action against a person when such an action is barred by an applicable statute of repose.
- (c) This section shall neither shorten nor lengthen the applicable statute of limitations for any cause of action, other than as provided in subsection (a).
- (d) Subsections (a) and (b) shall not apply to any civil action commenced pursuant to § 28-1-105, except an action originally commenced in general sessions court and subsequently recommenced in circuit or chancery court.
- (e) This section shall not limit the right of any defendant to allege in an answer or amended answer that a person not a party to the suit caused or contributed to the injury for which the plaintiff seeks recovery.
- (f) As used in this section, "person" means any individual or legal entity.
- (g) Notwithstanding any law to the contrary, this section applies to suits involving governmental entities.
Amended by 2023 Tenn. Acts, ch. 294, s 1, eff. 7/1/2023.
Acts 1993, ch. 407, § 1; 1999, ch. 485, § 1.
Notes of Decisions
Cited in 132
cases (28 in the last 5 years), 1995–2026 · leading case: Calvin Gray Mills, Jr. v. Fulmarque, Inc., 360 S.W.3d 362 (Tenn. 2012).
Calvin Gray Mills, Jr. v. Fulmarque, Inc., 360 S.W.3d 362 (Tenn. 2012). “Tenn. Code Ann. § 20-1-119 (a)-(b) (emphasis added).”
Richard Moreno v. City of Clarksville, 479 S.W.3d 795 (Tenn. 2015). “-9- Tenn. Code Ann. § 20-1-119 (2009) (emphasis added).”
Nationwide Mut. Fire Ins. Co. v. Memphis Light, Gas, & Water, 578 S.W.3d 26 (Tenn. Ct. App. 2018). “Tenn. Code Ann. § 20-1-119 . The statute also expressly provides that “[n]otwithstanding any law to the contrary, this section applies to suits involving governmental entities.”
Townes v. Sunbeam Oster Co., Inc., 50 S.W.3d 446 (Tenn. Ct. App. 2001). “After the trial court granted a summary judgment for the manufacturer on the ground that the amended complaint was barred by the statute of limitations, the plaintiffs attempted to bring the manufacturer back into the litigation by seeking to file a third amended complaint…”
Lipscomb v. Doe, 32 S.W.3d 840 (Tenn. 2000). “I would, however, hold that Lipscomb is not required to show that the driver was "unknown" to invoke Tenn.Code Ann. § 20-1-119. I would therefore reverse the judgment of the Court of Appeals on this issue and remand to the trial court.”
Davey Mann v. Alpha Tau Omega Fraternity, 380 S.W.3d 42 (Tenn. 2012). “wer or amended answer to the original or amended complaint that a person not a party to the suit caused or contributed to the injury or damage for which the plaintiff seeks recovery, and if the plaintiffs cause or causes of action against that person would be barred by any…”
Jones v. Prof'l Motorcycle Escort Serv., L.L.C., 193 S.W.3d 564 (Tenn. 2006). “2004) (granting the defendant’s motion for summary judgment where the plaintiff filed a motion to amend and caused process to be issued, but did not file an amended complaint within the ninety-day time frame required by Tenn.Code Ann. § 20-1-119); Nipper v. Axtrom Indus.”
Owens v. Truckstops of Am., 915 S.W.2d 420 (Tenn. 1996). “The plaintiff then, on June 4, 1993, relying upon Tenn. Code Ann. § 20-1-119 (1994), [5] *424 which was enacted by the legislature on May 13, 1993, one year after the decision in McIntyre , filed a motion to amend his complaint to add Vitro and Michael as defendants to the…”
Curtis v. G.E. Capital Modular Space, 155 S.W.3d 877 (Tenn. 2005). “Tenn.Code Ann. § 20-1-119 (1994) (emphasis added).”
Romine v. Fernandez, 124 S.W.3d 599 (Tenn. Ct. App. 2003). “" The court found that "this language is sufficient to invoke Tenn.Code Ann. § 20-1-119 and, therefore, make the addition of Defendant's [sic] Isom and Fernandez timely and not barred by the Statue of Limitations.”
McCullough v. Johnson City Emergency Physicians, P.C., 106 S.W.3d 36 (Tenn. Ct. App. 2002). “Several days into trial, Plaintiffs moved for leave to file a third amended complaint re-adding Cardiology Consultants as a defendant relying on Tenn.Code Ann. § 20-1-119. The Trial Court denied this motion as well as Plaintiffs’ motion for a mistrial.”
Browder v. Morris, 975 S.W.2d 308 (Tenn. 1998). “The plaintiffs’ motion, which sought to name an additional party to the suit, was made pursuant to Tenn.Code Ann. § 20-1-119. This statute allots a plaintiff in a comparative fault case additional time beyond the running of the applicable statute of limitations to name as a…”
— Tenn. Code Ann. § 20-1-119(a) — 26 cases
Calvin Gray Mills, Jr. v. Fulmarque, Inc., 360 S.W.3d 362 (Tenn. 2012). “Tenn. Code Ann. § 20-1-119 (a)-(b) (emphasis added).”
Nationwide Mut. Fire Ins. Co. v. Memphis Light, Gas, & Water, 578 S.W.3d 26 (Tenn. Ct. App. 2018). “Tenn. Code Ann. § 20-1-119 . The statute also expressly provides that “[n]otwithstanding any law to the contrary, this section applies to suits involving governmental entities.”
Richard Moreno v. City of Clarksville, 479 S.W.3d 795 (Tenn. 2015). “-9- Tenn. Code Ann. § 20-1-119 (2009) (emphasis added).”
Browder v. Morris, 975 S.W.2d 308 (Tenn. 1998). “The plaintiffs’ motion, which sought to name an additional party to the suit, was made pursuant to Tenn.Code Ann. § 20-1-119. This statute allots a plaintiff in a comparative fault case additional time beyond the running of the applicable statute of limitations to name as a…”
Townes v. Sunbeam Oster Co., Inc., 50 S.W.3d 446 (Tenn. Ct. App. 2001). “After the trial court granted a summary judgment for the manufacturer on the ground that the amended complaint was barred by the statute of limitations, the plaintiffs attempted to bring the manufacturer back into the litigation by seeking to file a third amended complaint…”
— Tenn. Code Ann. § 20-1-119(a)(1) — 5 cases
Jones v. Prof'l Motorcycle Escort Serv., L.L.C., 193 S.W.3d 564 (Tenn. 2006). “2004) (granting the defendant’s motion for summary judgment where the plaintiff filed a motion to amend and caused process to be issued, but did not file an amended complaint within the ninety-day time frame required by Tenn.Code Ann. § 20-1-119); Nipper v. Axtrom Indus.”
Marler v. Scoggins, 105 S.W.3d 596 (Tenn. Ct. App. 2002).
Young v. Toys R US, Inc., 987 F. Supp. 1035 (E.D. Tenn. 1997).
Brenda Sands v. Robert Williard (Tenn. Ct. App. 2025).
Jennie Jones v. Prof'l Motorcycle Escort Serv., LLC (Tenn. 2006).
— Tenn. Code Ann. § 20-1-119(a)(1)(A) — 4 cases
Brenda Sands v. Robert Williard (Tenn. Ct. App. 2025).
Dowlen v. The City of Springfield, Tennessee (M.D. Tenn. 2025).
Clint Johnson v. Airtight Resources Inc. (Tenn. Ct. App. 2026).
Mid-Am. Apt. Communities, Inc. v. Liberty Ins. Underwriters, Inc., Great Prairie Risk Solutions, Inc., & Lockton Ins. Underwriters, Inc. (W.D. Tenn. 2026).
— Tenn. Code Ann. § 20-1-119(a)(2) — 4 cases
Calvin Gray Mills, Jr. v. Fulmarque, Inc., 360 S.W.3d 362 (Tenn. 2012). “Tenn. Code Ann. § 20-1-119 (a)-(b) (emphasis added).”
Richard Moreno v. City of Clarksville, 479 S.W.3d 795 (Tenn. 2015). “-9- Tenn. Code Ann. § 20-1-119 (2009) (emphasis added).”
Young v. Toys R US, Inc., 987 F. Supp. 1035 (E.D. Tenn. 1997).
Richard Moreno v. City of Clarksville - Dissenting (Tenn. 2015).
— Tenn. Code Ann. § 20-1-119(a)(b) — 1 case
Ward v. Ami Sub (sfh), Inc., 149 S.W.3d 35 (Tenn. Ct. App. 2004).
— Tenn. Code Ann. § 20-1-119(b) — 3 cases
Christopher J. Etheridge, Selena A. v. YMCA & West Tennessee, 391 S.W.3d 541 (Tenn. Ct. App. 2012).
Mary L. Scales v. H. G. Hill Realty Co., LLC (Tenn. Ct. App. 2018).
Cross v. Martel Automation, Inc. (E.D. Tenn. 2021).
— Tenn. Code Ann. § 20-1-119(c) — 2 cases
Dale J. Montpelier v. Herbert S. Moncier (Tenn. Ct. App. 2019).
Richard Moreno v. City of Clarksville (Tenn. Ct. App. 2014).
— Tenn. Code Ann. § 20-1-119(c)(5)(D) — 1 case
Dale J. Montpelier v. Herbert S. Moncier (Tenn. Ct. App. 2019).
— Tenn. Code Ann. § 20-1-119(f) — 3 cases
Nationwide Mut. Fire Ins. Co. v. Memphis Light, Gas, & Water, 578 S.W.3d 26 (Tenn. Ct. App. 2018). “Tenn. Code Ann. § 20-1-119 . The statute also expressly provides that “[n]otwithstanding any law to the contrary, this section applies to suits involving governmental entities.”
Brown Ex Rel. Brown v. Wal-Mart Disc. Cities, 12 S.W.3d 785 (Tenn. 2000).
Marler v. Scoggins, 105 S.W.3d 596 (Tenn. Ct. App. 2002).
— Tenn. Code Ann. § 20-1-119(g) — 1 case
Patricia Conley v. State (Tenn. Ct. App. 2003).
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