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IN THE COURT OF APPEALS OF TENNESSEE
AT NASHVILLE
March 10, 2009 Session

ROBERT DANIELS and PEGGY DANIELS, v. MICHAEL D. WRAY
Direct Appeal from the Circuit Court for Cannon County
No. 453 Hon. J. Mark Rogers, Judge

No. M2008-01781-COA-R3-CV - Filed May 21, 2009
Plaintiff filed this action for damages for injuries sustained in an automobile accident.  Defendant answered, denying liability, and subsequently filed a Tenn. R. Civ. P. 15 to amend and make claim for personal injuries and property damage as a result of the accident. The Trial Court allowed the amendment as to property damages, but refused to allow defendant to assert the claim for personal injuries on the grounds inter alia that the statute of limitations had run on the personal injury claim prior to the filing of the Motion to Amend.  The property damage claim was settled, but the refusal to allow the amendment has been appealed to this Court.  We hold that the Trial Court abused its discretion in refusing to allow the amendment.

Tenn. R. App. P.3 Appeal as of Right; Judgment of the Circuit Court Reversed and Remanded.
HERSCH EL PICKE NS FRAN KS, P.J., delivered the opinion of the court, in which D. MICH AEL SWINEY, J., and JOHN W. MCCLARTY, J., joined.
Robert P. Gritton, Murfreesboro, Tennessee, for Appellant, Michael D. Wray.
Alan M. Sowell and Nathaniel K. Cherry, Nashville, Tennessee, for Unnamed Appellee, Direct General Insurance Company.

OPINION
Background

Plaintiffs filed a Complaint on November 10, 2005, alleging that on February 23, 2005, defendant

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Tennessee Law