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Category: Kane & Crowell Blog

Court Clarified Wrongful Death

Written by Angel Kane on . Posted in Angel Kane's Blog, Kane & Crowell Blog.

Tennessee Supreme Court Reverses and Agrees with Trial Court

In March 2018, the Tennessee Supreme Court clarified Wrongful Death claim.  Issuing its decision in Nelson v. Myres.  Involving the interpretation and priority of claims under Tennessee’s wrongful death statute, found at Tenn. Code Ann. Sec. 20-5-106.  In Nelson, an automobile accident in Sumner County, Tennessee, claimed the life of Mrs. Myres.  Her husband, who was driving the vehicle at the time of the accident, was later incarcerated for vehicular homicide.  
 
       Both Mr. Myres and Brittany Nelson, Mrs. Myres’ adult daughter, filed wrongful death actions on behalf of Mrs. Myres.  The Sumner County trial court dismissed Ms. Nelson’s action, holding that Mr. Myres’ as the surviving spouse, had priority to maintain the wrongful death action.  On initial appeal, the Tennessee Court of Appeals reversed the trial court, holding that Mr. Myres had a conflict in bringing the wrongful death action.  He could act as both a plaintiff and defendant, as his partial fault could be determined.  Only Ms. Nelson’s action would adequately prosecute Mrs. Myres’ wrongful death.  
 

Tennessee Supreme Court Clarifies Wrongful Death Claim

       The Tennessee Supreme Court reversed and agreed with the trial court that Mr. Myres, had priority to bring the wrongful death action over Ms. Nelson.  Because he was the surviving spouse of Mrs. Myres.  The Supreme Court specifically noted that Tennessee’s wrongful death statute Sec. 20-5-106, expressly provides the surviving spouse has priority over a decedent’s children.  Therefore, to bring a wrongful death action on behalf of the decedent.  The Supreme Court also noted there was no exception for the circumstances present.  When the surviving spouse may be implicated as negligently causing the death of the decedent spouse.  However, exceptions in Tennessee law, where a surviving spouse may not bring a wrongful death action on behalf of their spouse, where the surviving spouse has abandoned or intentionally killed or caused the death of the decedent.  
 
       If you have questions about personal injury law, contact Attorney Angel Kane at https://www.kane-law.com or (615) 444-8081.  
 
 
 
 

 

Civil Law, Personal Injury Law

Cell Phone Access Law

Written by Angel Kane on . Posted in Kane & Crowell Blog.

Legislature Passes Cell Phone Access Law in Domestic Violence Cases

On April 3, 2018, the TN legislature officially passed House Bill 2033. This law allows victims of domestic abuse to request a court grant access to the victim’s cell phone plan. Even if they are not the account holder. The passing of this cell phone access law is paramount in assisting domestic violence victims.

Rep. Jim Coley introduced the bill. It allows a victim of domestic violence to ask the issuing court to direct the victim’s phone company to transfer billing responsibility and account rights to the victim. Even when that victim is not the account holder. The victim may ask for such an order when initially seeking an Order of Protection or when making a separate request of the court.

New Laws

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Court Clarified Wrongful Deat

Written by Angel Kane on . Posted in Ashley Jackson's Blog, Kane & Crowell Blog.

The Supreme Court Clarifies Wrongful Death And Child Support Arrearages in Spires V Simpson.

            In December 2017, the Tennessee Supreme Court clarified wrongful death and child support arrearages, issuing its opinion on Spires V. Simpson.   concerning a wrongful death lawsuit out of Monroe County, Tennessee. 

            In Spires, Mr. and Mrs. Spires were parents of a minor child, born in the spring of 2009.  One month after the child’s birth, Mr. Spires abandoned the family, though the parties did not divorce.  Mr. Spires did not provide any child or financial support to Mrs. Spires.  In October 2010, Mrs. Spires was tragically killed in a car accident.  Mrs. Spires’ mother got custody of the child following her daughter’s death.

One month after Mrs. Spires’ death, Mr. Spires brought a wrongful death action against the driver of the vehicle.  Both Mrs. Spires’ mother and brother sought intervention in the wrongful death accident.  Both said since they are the child’s custodians, they are entitled to the wrongful death settlement.  Not Mr. Spires.  Noting that Mr. Spires had failed to pay any child support to Mrs. Spires for the benefit of his child. 

            The trial court agreed with Mrs. Spires’ mother and brother.  Holding that Mr. Spires could not recover any amounts from the wrongful death lawsuit due to him.  Thus owing back child support to Mrs. Spires and for the benefit of four unrelated children.  The Tennessee Court of Appeals made a reversal.  Stating Mr. Spires was entitled to prosecute the wrongful death lawsuit. However, any recovery he received would be applied to his back child support arrearages.  Even support for the children other than his child with Mrs. Spires. 

 Spires V. Simpson Wrongful Death Opinion            

The Tennessee Supreme Court disagreed with the trial court and the Court of Appeals.  The Supreme Court held that the child support arrearage provisions at Tenn. Code Ann. § 20-5-107 and Tenn. Code Ann. § 31-2-105 did not apply in the Spires V. Simpson case.  Mr. Spires was prosecuting the wrongful death action as the surviving spouse of Mrs. Spires.  The Child Support Arrearage forfeiture provisions only preclude a parent who is behind on child support from prosecuting a wrongful death action on behalf of a deceased child.  When that parent owes child support for the benefit of the dead child.  The Supreme Court found the purpose of the two forfeiture provisions was to prevent a parent from financially benefitting from the wrongful death of a child the parent failed to support.    

            The Spires V. Simpson opinion clarifies the interpretation of who can bring a wrongful death action.  And the Child Support Arrearage forfeiture provisions.  Legal cases can be dynamic, and new cases may emerge on this subject. To get the most recent and accurate information about the “Spires versus Simpson” case in Tennessee, I recommend checking local news sources, court records, or official legal databases for the latest updates on the case. Legal databases or the official website of the Tennessee courts system could provide details on ongoing cases. For more information or to read the full opinion, visit http://tncourts.gov/courts/supreme-court/opinions/2017/12/27/kenneth-m-spires-et-al-v-haley-reece-simpson-et-al .

Appellate Court Decisions, Custody or Visitation

Alimony Taxation

Written by Angel Kane on . Posted in Kane & Crowell Blog.

What you should know about alimony taxation changes.

Signed into law on December 22, 2017, the “Tax Cuts and Jobs Act of 2017” changes the existing tax code.  One of the crucial implications for our clients is the changes to alimony taxation. 

Under the previous law, alimony was deductible by the spouse paying alimony (the obligor).  Alimony received was once considered taxable income on the spouse’s tax return receiving the spousal support (the oblige).  Accordingly, alimony was taxed as the oblige spouse’s income.

Divorce, Family Law

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The Tennessee State Capitol at night time

New Year, New Laws

Written by Angel Kane on . Posted in Kane & Crowell Blog.

January 1, 2018, brings in the new year and new laws as passed by the Tennessee Legislature. It’s a new year, new laws. 

Barber, Bus Drivers & Alarms

Barbers may now perform their services in a residence.  Before 2018, barbers could only render their services in a residence for a person who was ill.  However, barbers must possess a residential barber certificate to work in or out of a home. 

A few changes take effect regarding school bus drivers.  Beginning in 2018, school bus drivers must be at least twenty-five years old, and all new bus drivers must complete a training program before transporting any children.  The changes also create a transportation supervisor program for monitoring and supervising local and charter school transportation. 

Homeowners Alarm Contracts

Homeowners may cancel alarm contracts for periods longer than two (2) years upon giving thirty (30) days’ notice to an alarm company if the homeowner has to sell their home for medical reasons.  However, the cancellation must come after the initial two (2) year period, and the cancellation must include a letter from the homeowner’s treating physician explaining that the house must be sold and the alarm system canceled due to medical reasons. 

Handguns, Headlights, & Cell Phones

Individuals seeking handgun carry permits may be exempted from the firing range qualification component if they have proof they passed small arms qualification or combat pistol training in any branch of the United States Armed Forces. 

For motor vehicles, headlights must be either white or amber.  It seems most standard passenger vehicles will comply with this law.  However, drivers may not modify their vehicle headlights to colors other than white or amber. 

Hand Held Phone Usage in Cars

Most importantly, 2018 brings new penalties for cell phone usage in school zones.  Drivers using or talking on a handheld cell phone in a marked school zone when flashers are operating can be prosecuted for a Class C misdemeanor, punishable by a $50 fine.

Learn more information about the new laws taking effect January 1, 2018.

If you have a legal issue, contact the attorneys at Kane & Crowell Family Law Center at (615) 784-4800.

New Laws, Tennessee Laws

Partiers celebrate New Year's in Times Square

New Year’s Eve Safety

Written by Angel Kane on . Posted in Kane & Crowell Blog.

We wish you a Happy New Year from Kane and Crowell! New Year’s Eve is, arguably, the Tennessee Highway Patrol’s busiest weekend for patrolling and ensuring safe driving. Every year, THP conducts multiple roadblocks around the New Year holiday. Some of these roadblocks are announced ahead of time, and some are not. Hopefully this information will help you maintain New Year’s Eve Safety.  Just in time, the THP has announced the following roadblocks in our area:

Criminal Law

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Conservatorships and Caring for Disabled Persons

Written by Amanda Crowell on . Posted in Amanda Crowell's Blog, Kane & Crowell Blog.

A 2017 study of Americans published on Bloomberg.com cited that 25% of Americans ages 58-60 surveyed considered themselves in “poor” or “fair” health1.  The study related to conservatorship and caring for disabled persons cited that 11% of this same age group suffered from some form of dementia or cognitive decline1.  This age group falls directly within the demographic of “baby boomers”, those Americans born between 1946 and 1964.  Current estimates establish that 10,000 baby boomers are retiring per day in the United States.

Probate Law

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Divoce with Kane Law

What To Expect During A Divorce

Written by Angel Kane on . Posted in Kane & Crowell Blog.

Many clients who come to us for advice during a divorce are going through it for the first time and have many questions. Although the process can be complicated, knowing the basic information can help put a client at ease.

Divorce can be a difficult situation for every party involved. It is the legal undoing of two people’s assets, liabilities, and everything in between. Knowing what to expect and being prepared for the inevitable changes are essential during a divorce.

Contested or Uncontested

The first decision to be made is whether the divorce will be contested or uncontested. If you can agree, the divorce is uncontested, and the process is more straightforward. If you cannot agree, the divorce is contested and requires negotiation, mediation, and, in some cases, a trial.

In an uncontested divorce, the parties or their attorneys complete the necessary paperwork and file it with the Court. If children are involved, parents must take a parenting class and file the certificate of completion with the Court.

In a contested divorce, one party will begin the process by filing a complaint. The other party will then file their answer to that complaint and, possibly, a counter-complaint. The parties or their attorneys will then enter the negotiation phase. If negotiation is unsuccessful, the parties must attend mediation with a third party. In most cases, an agreement can be reached in either of these two phases. In some cases, mediation is not successful and the parties must have a trial to allow a judge to decide the issues, which can be lengthy.

Waiting period in Tennessee

In Tennessee, the mandatory waiting period for a divorce from the time of filing is 60 days if the parties have no minor children and 90 days if the parties have minor children. This means the divorce cannot be finalized until the time period runs.

If you or someone you know is contemplating divorce or have been served with a complaint for divorce, contact us to get answers to your questions and let us assist you in making the best decisions. Call Kane and Crowell at  (615) 784-4800 or request a consultation to discuss your specific case.

Divorce, Family Law, Kane Law

Social Media Post Can Be Used in Court

Know Before You Post: Social Media, Search Warrants and Your Case

Written by Angel Kane on . Posted in Kane & Crowell Blog.

At Kane & Crowell, Attorneys at Law, we emphasize the significance of social media in legal cases. Your online posts can become evidence, just as you can use others’ posts in your case. Accessing these posts, especially deleted or hidden ones, often requires complex steps. Ideally, capturing screenshots or images of relevant posts is essential. For inaccessible posts, you may need a subpoena or court order.

Criminal Law, Kane & Crowell

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