Burying The Gravamen Dispute

Burying the Gravamen Dispute: The Tennessee Supreme Court Clarifies How to Determine the Applicable Statute of Limitations

In most cases, the applicable statute of limitations is clear – one year for a personal injury claim (Tenn. Code Ann. § 28-3-104(1)), three years for a claim for injury to real or personal property (Tenn. Code Ann. § 28-3-105(1)), six years for a breach of contract claim (Tenn. Code Ann. § 28-3-109(3)), etc. – or at least undisputed by the parties. When the applicable statute of limitations is not clear or disputed by the parties, e.g. in cases involving alternative claims and requests for relief, Tennessee courts analyze "the basis for which damages are sought," i.e. the "gravamen" analysis.