Alisa Leigh Eldridge v.Lee Savage

Syllabus

This dispute arises from Buyer's purchase of a home from Seller in 1994. After discovering extensive pre-existing fire damage to the home in 2010, Buyer filed a complaint against Seller, alleging misrepresentation, mistake, and violation of the Tennessee Consumer Protection Act. The trial court granted summary judgment in favor of Seller, finding that Buyer's cause of action was barred by the applicable statute of limitations. Buyer appeals, alleging that Seller's fraudulent misrepresentations and concealment and the discovery rule tolls the statutes of limitations. She also contends these are factual issues to be determined by a jury. We have concluded that a reasonable jury could not legitimately resolve the facts relied upon by Buyer in her favor therefore, the trial court acted appropriately by summarily dismissing all of her claims as time barred. Accordingly, we affirm.