A Tennessee court has affirmed a lower court's decision to dismiss a personal injury lawsuit filed by Delester Quarles against John Doe A and John Doe B, two unidentified drivers involved in a hit-and-run accident. The Court of Appeals of Tennessee ruled that Quarles did not file his claims within the required statute of limitations, which is one year for personal injury cases. This ruling affects Quarles’ ability to recover damages under his uninsured motorist policy with Southern Trust Insurance Company.
The case, Delester Quarles v. John Doe A et al., was filed under docket number W2025-01252-COA-R3-CV. The court's decision is significant as it clarifies the procedural requirements for filing claims against unknown drivers in Tennessee, particularly in relation to uninsured motorist coverage.
Background
Delester Quarles was involved in a hit-and-run accident on March 28, 2022, at an intersection in Memphis. Quarles claims he was struck by a Nissan Altima while stopped at a traffic light, and the driver fled the scene. Following the accident, Quarles sought medical treatment for various injuries, including to his back, neck, and knee. At the time of the incident, he had uninsured motorist coverage through Southern Trust Insurance Company.
On March 27, 2023, Quarles filed a lawsuit against John Doe A and John Doe B, seeking damages for his injuries. However, he failed to serve the John Doe defendants with the lawsuit. On April 24, 2023, he served Southern Trust, but the absence of service to the John Doe defendants became a critical issue. Almost two years later, Quarles discovered that summonses for the John Doe defendants had not been issued and voluntarily dismissed his initial lawsuit on February 7, 2025. He then re-filed the lawsuit on February 25, 2025, but Southern Trust moved to dismiss the case, arguing that the statute of limitations had expired.
The Ruling
The Court of Appeals, led by Judge Steven W. Maroney, upheld the lower court's decision to dismiss Quarles' claims. The court stated, “the statute plainly requires that ‘the insured shall issue a John Doe warrant against the unknown owner or operator in order to come within the coverage of the owner’s uninsured motorist policy.’” The court emphasized that Quarles failed to issue summonses for the John Doe defendants within the one-year statute of limitations, which expired on March 28, 2023.
The court noted that while Quarles filed his claims within the one-year period, his failure to comply with the necessary procedural requirements meant that his claims lapsed. The ruling reinforced that to toll the statute of limitations, a plaintiff must not only file a complaint but also issue summonses and attempt service within the specified time frame.
Impact
This ruling has important implications for individuals seeking to recover damages under uninsured motorist provisions in Tennessee. It emphasizes the necessity of adhering to procedural requirements, including timely service of process against unknown defendants. The court clarified that the uninsured motorist statute does not eliminate the need to issue summonses within the statute of limitations, stating that “the savings statute cannot save a claim that has already expired.”
As a result, this decision may serve as a warning to other plaintiffs about the importance of following procedural rules when pursuing claims against unidentified drivers. It underscores the potential risks of failing to properly serve defendants, which can lead to the dismissal of claims regardless of the underlying circumstances of the accident.
What's Next
Quarles' case cannot be appealed further as the court has affirmed the dismissal. There are no related cases pending that could influence this ruling. The court has remanded the case for any necessary further proceedings consistent with this opinion.