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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://kane-law.com or (615) 444-8081.  
 
 
 
 

 

Author

  • Angel Kane

    ANGEL KANE has been practicing law since 1995. Angel was a member of the University of Memphis Law Review and served as a judicial law clerk while in law school. A graduate of the University of Memphis Law School, Angel has practiced in Memphis and Lebanon, Tennessee.

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Civil Law, Personal Injury Law

Angel Kane

ANGEL KANE has been practicing law since 1995. Angel was a member of the University of Memphis Law Review and served as a judicial law clerk while in law school. A graduate of the University of Memphis Law School, Angel has practiced in Memphis and Lebanon, Tennessee.