In Eaton v. Keyser , Larry Eaton sued Michelle Keyser after an automobile accident.
Eaton, who was born and raised in New York, decided to take a "purely exploratory" road trip with his girlfriend Michelle to see if the couple wanted to move to another part of the country.
While driving through Tennessee, with Michelle at the wheel, the couple was involved in a car accident. Larry was seriously injured and ended up staying in Tennessee for two years while he recovered.
On several occasions, Eaton was assured by Keyser's insurer that he had three years to file a case against Michelle. Almost three years to the day, Larry filed suit and Michelle's insurer asked the court to dismiss the dispute on the grounds it was untimely or time-barred. (The insurer claimed a one-year statute of limitations applied because Larry was supposedly a Tennessee resident.)
After the Tompkins County Supreme Court denied the insurer's request, the company appealed to the Appellate Division, Third Department, which affirmed.
While Larry lived in Tennessee, he continued to receive mail at his New York address, all his personal belongings remained up North, he didn't seek employment in Tennessee and carried a New York identification card.
Since he remained a New York resident, Tennessee law wasn't applicable and Larry's case was permitted to drive on.
"Tragedy tomorrow, comedy tonight!"
To download a copy of the Appellate Division's decision, please use this link: Eaton v. Keyser