TN Supreme Court Unanimous Opinion: Surviving Spouse Can File Wrongful Death Case

Posted on: March 14, 2018

Tennessee Supreme Court

TSC: Surviving Spouse Can File Wrongful Death Case Even if Survivor Possibly Negligent in Cause of Death

In a unanimous opinion, the Tennessee Supreme Court ruled the surviving spouse of a person killed in a vehicle accident could initiate a wrongful death action on the decedent’s behalf even though the surviving spouse’s negligence allegedly contributed to the decedent’s death. In an opinion authored by Justice Roger A. Page, the Supreme Court reversed a decision from the Court of Appeals and ruled that based on current wrongful death statutes, the surviving spouse maintained priority to institute the wrongful death action under the circumstances presented in this case.  View full opinion here:


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