Free, and it takes a minute. A syfert.com account skips the bot checks on search and case pages, keeps your details and plan under the account icon, and comes with an MCP token for Claude, ChatGPT or any MCP-capable assistant, emailed to you with a link to the setup page and always available from the account icon.
Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
30 Tennessee opinions name it 2 courts 1996–2026 2 in the last five years
The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Kline v. Eyrichgreen2 sentences2024“Stated another way, ‘[t]here can be but one cause of action for the wrongful death of another.’” Id. (quoting Kline, 69 S.W.3d at 207 ). “[M]ultiple actions may not be brought to resolve a single wrongful death claim.” Id. at 318 . 2024“Stated another way, ‘[t]here can be but one cause of action for the wrongful death of another.’” Id. (quoting Kline, 69 S.W.3d at 207 ). “[M]ultiple actions may not be brought to resolve a single wrongful death claim.” Id. at 318 . | 3 | 3 |
Foster v. Jeffersgreen2 sentences2016In a dispute between the surviving spouse and the children of the decedent as to who may maintain the action, the surviving spouse clearly has “the prior and superior right above all others . . . .” Foster v. Jeffers, 813 S.W.2d 449, 451 (Tenn. Ct. App. 1991); see also Tenn. Code Ann. § 20-5-107 (1994); Busby v. Massey, 686 S.W.2d 60, 62 (Tenn. 1984). 2016In a dispute between the surviving spouse and the children of the decedent as to who may maintain the action, the surviving spouse clearly has “the prior and superior right above all others . . . .” Foster v. Jeffers, 813 S.W.2d 449, 451 (Tenn. Ct. App. 1991); see also Tenn. Code Ann. § 20-5-107 (1994); Busby v. Massey, 686 S.W.2d 60, 62 (Tenn. 1984). | 3 | 3 |
Busby v. Masseygreen2 sentences2016In a dispute between the surviving spouse and the children of the decedent as to who may maintain the action, the surviving spouse clearly has “the prior and superior right above all others . . . .” Foster v. Jeffers, 813 S.W.2d 449, 451 (Tenn. Ct. App. 1991); see also Tenn. Code Ann. § 20-5-107 (1994); Busby v. Massey, 686 S.W.2d 60, 62 (Tenn. 1984). 2016In a dispute between the surviving spouse and the children of the decedent as to who may maintain the action, the surviving spouse clearly has “the prior and superior right above all others . . . .” Foster v. Jeffers, 813 S.W.2d 449, 451 (Tenn. Ct. App. 1991); see also Tenn. Code Ann. § 20-5-107 (1994); Busby v. Massey, 686 S.W.2d 60, 62 (Tenn. 1984). | 3 | 3 |
Matthews v. Mitchellgreen2 sentences2015“Because multiple actions may not be brought to resolve a single wrongful death claim, the statutes carefully prescribe the priority of those 9 who may assert the action on behalf of the decedent and any other beneficiaries.” Id. 2001See also Matthews v. Mitchell, 705 S.W.2d 657, 660 (Tenn. Ct. App. 1985) (stating that “there can be but one cause of action for the wrongful death of another”). | 1 | 2 |
Jones Ex Rel. Bell v. Blackgreen2 sentences2001In so holding, we reaffirm Jones v. Black, 539 S.W.2d 123 *333 (Tenn.1976), in which this Court held that the statute of limitations for a wrongful death claim is not tolled during the minority of the decedent’s children. 2001In so holding, we reaffirm Jones v. Black, 539 S.W.2d 123 (Tenn. 1976), in which this Court held that the statute of limitations for a wrongful death claim is not tolled during the minority of the decedent’s children. | 1 | 2 |
Christopher O'Dneal v. Baptist Memorial Hospital-Tiptongreen2 sentences2024However, it ultimately concluded that “although only one cause of action for wrongful death may be maintained – that is, the claim is indivisible – each statutory beneficiary asserts the wrongful death claim on their own behalf.” Id. at *5 (citing O’Dneal, 556 S.W.3d at 771). “[E]ach statutory beneficiary ‘may recover damages for their losses suffered as a result of the death as well as damages sustained by the deceased from the time of injury to the time of death.’” Id. (quoting Beard, 528 S.W.3d at 498 ). 2024However, it ultimately concluded that “although only one cause of action for wrongful death may be maintained – that is, the claim is indivisible – each statutory beneficiary asserts the wrongful death claim on their own behalf.” Id. at *5 (citing O’Dneal, 556 S.W.3d at 771). “[E]ach statutory beneficiary ‘may recover damages for their losses suffered as a result of the death as well as damages sustained by the deceased from the time of injury to the time of death.’” Id. (quoting Beard, 528 S.W.3d at 498 ). | 1 | 1 |
Sharpe v. City of Lewisburg, Tenn.green1 sentence2020Tenn.) rev’d in part 557 F.3d 311 (6th Cir. 2009) (awarding $75,000, after a bench trial on a wrongful death claim, for conscious pain and suffering by a drowning victim who “undoubtedly experienced excruciating pain and terror as he struggled to stay afloat and to breathe” but only for a period of ten minutes); Sharpe v. City of Lewisburg, Tenn., 677 F. Supp. 1362, 1365 (M.D. | 1 | 1 |
Estate of Baker Ex Rel. Baker v. Maplesgreen1 sentence2015Once the priority or right to assert the wrongful death claim is established and the lawsuit is filed, the party with the statutory authority maintains “complete control over the right of action until he or she waives that right.” Estate of Baker ex rel. v. Maples, 995 S.W.2d 114, 115 (Tenn. Ct. App. 1999) (citations omitted). | 1 | 1 |
Rogers v. Donelson-Hermitage Chamber of Commercegreen1 sentence2015That is a health care liability question.” 3In Sister‟s deposition, however, she stated that she “did not tell them [Brother] had tuberculosis . . . [she] did not know for all those years that [Brother] had tuberculosis.” She related she “told them about the oxygen.” 4Under Tennessee law, a wrongful death claim “does not create a new cause of action for the plaintiff[], but simply preserves [the decedent‟s] right of action which would otherwise be extinguished by [his] death.” Rogers v. Donelson-Hermitage Chamber of Commerce, 807 S.W.2d 242, 245 (Tenn. Ct. App. 1990); See also Tenn. Code Ann. | 1 | 1 |
Lawrence Ex Rel. Powell v. Stanfordgreen1 sentence2014Dulin v. Dulin, No. W2001-02969-COA-R3-CV, 2003 WL 22071454 , at *4 (Tenn. Ct. App. Sept. 3, 2003); Lawrence v. Stanford, 655 S.W.2d 927, 929 (Tenn. 1983)). | 1 | 1 |
Rolen v. Wood Presbyterian Home, Inc.green1 sentence2009P. 8.01; Rolen v. Wood Presbyterian Home, Inc., 174 S.W.3d 158, 161-62 (Tenn.Ct.App.2005); see also Gipson, supra, (suggesting that a survival claim for personal injuries and a wrongful death claim could be brought in the same action so long as the personal injury action was properly revived). | 1 | 1 |
Smith v. Goregreen1 sentence2008See Smith v. Gore, 728 S.W.2d 738, 741 (Tenn. 1987) (holding that wrongful birth actions are actions by parents “on their own behalf”). | 1 | 1 |
Hataway v. McKinleygreen1 sentence2003See Hataway v. McKinley, 830 S.W.2d 53, 54 (Tenn.1992) (applying “most significant relationship” test to determine which state’s substantive law would apply to the wrongful death claim). | 1 | 1 |
Hawthorne v. Lankesgreen1 sentence1999The court noted, “In substance, we are considering a wrongful death claim and a personal injury claim on behalf of two passengers in a vehicle against two defendants . . . .” Id.; see also Hawthorne v. Lankes, 430 S.W.2d 803, 805 (Tenn. App. 1968) (finding special interrogatories were not necessary because the issues were neither complex nor involved). | 1 | 1 |
Shivers v. Ramseygreen2 sentences1999Co., 138 Tenn. 161 , 196 S.W. 492 , 497 (1917) (permitting the res ipsa inference in a personal injury suit brought by the estates of two deceased employees for a construction accident); Shivers v. Ramsey, 937 S.W.2d 945, 948-49 (Tenn. Ct. App.1996) (applying res ipsa loquitur in personal injury case arising from an automobile accident); Collins Chapel Connectional Hosp., 696 S.W.2d at 20-21 (holding res ipsa loquitur to apply in a wrongful death claim against the defendant nursing home); Roberts v. Ray, 45 Tenn.App. 280 , 322 S.W.2d 435, 437 (1959) (applying res ipsa loquitur in negligence ac 1999Co., 138 Tenn. 161 , 196 S.W. 492 , 497 (1917) (permitting the res ipsa inference in a personal injury suit brought by the estates of two deceased employees for a construction accident); Shivers v. Ramsey, 937 S.W.2d 945, 948-49 (Tenn. Ct. App.1996) (applying res ipsa loquitur in personal injury case arising from an automobile accident); Collins Chapel Connectional Hosp., 696 S.W.2d at 20-21 (holding res ipsa loquitur to apply in a wrongful death claim against the defendant nursing home); Roberts v. Ray, 45 Tenn.App. 280 , 322 S.W.2d 435, 437 (1959) (applying res ipsa loquitur in negligence ac | 1 | 1 |
| Roberts v. Raygreen | 1 | 1 |
Franklin v. Collins Chapel Connectional Hospitalgreen2 sentences1999Co., 138 Tenn. 161 , 196 S.W. 492 , 497 (1917) (permitting the res ipsa inference in a personal injury suit brought by the estates of two deceased employees for a construction accident); Shivers v. Ramsey, 937 S.W.2d 945, 948-49 (Tenn. Ct. App.1996) (applying res ipsa loquitur in personal injury case arising from an automobile accident); Collins Chapel Connectional Hosp., 696 S.W.2d at 20-21 (holding res ipsa loquitur to apply in a wrongful death claim against the defendant nursing home); Roberts v. Ray, 45 Tenn.App. 280 , 322 S.W.2d 435, 437 (1959) (applying res ipsa loquitur in negligence ac 1999Co., 138 Tenn. 161 , 196 S.W. 492 , 497 (1917) (permitting the res ipsa inference in a personal injury suit brought by the estates of two deceased employees for a construction accident); Shivers v. Ramsey, 937 S.W.2d 945, 948-49 (Tenn. Ct. App.1996) (applying res ipsa loquitur in personal injury case arising from an automobile accident); Collins Chapel Connectional Hosp., 696 S.W.2d at 20-21 (holding res ipsa loquitur to apply in a wrongful death claim against the defendant nursing home); Roberts v. Ray, 45 Tenn.App. 280 , 322 S.W.2d 435, 437 (1959) (applying res ipsa loquitur in negligence ac | 1 | 1 |
| Sullivan v. Crabtreegreen | 1 | 1 |
| Murphy v. Schwartzgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Linda Beard v. James William Branson
green
2 sentences2026While the Defendants are correct that the decedent’s estate is not the claimant, id., they have overlooked the crux of the trial court’s reasoning, which is that the wrongful death claim is singular and indivisible. 2024“Thus, while a wrongful death claim may be indivisible,” we explained, “in the absence of statutory language giving one party dominance over another, the parties are not one undivided entity proceeding on behalf of the decedent or estate; rather, each asserts the wrongful death claim on their own behalf.” Id. (italicization added). | 2 | 2024–2026 |
Jeremy Flax v. Daimler-Chrysler Corporation
green
2 sentences2017Id. at 529 . 2017Id. at 530 . | 2 | 2013–2017 |
Johnson v. Oman Construction Company, Inc.
green
2 sentences2014Id. at 784 . 1996Id. at 784 . | 2 | 1996–2014 |
Hodges v. S.C. Toof & Co.
green
2 sentences2008Toof & Co., 833 S.W.2d 896 (Tenn. 1992), the trial court reduced the punitive damages award on the wrongful death claim from $66,500,000 to $13,367,345 and the punitive damages award on Ms. Sparkman’s negligent infliction of emotional distress claim from $32,500,000 to $6,632,655. 2008Toof & Co., 833 S.W.2d 896 (Tenn.1992), the trial court reduced the punitive damages award on the wrongful death claim from $66,500,000 to $13,367,345 and the punitive damages award on Ms. Sparkman’s negligent infliction of emotional distress claim from $32,500,000 to $6,632,655. | 2 | 2008–2008 |
Beam v. Maryland Casualty Co.
green
2 sentences1999It should also be noted that Sexton relied upon the case of Beam v. Maryland Casualty Co., 477 S.W.2d 510 (Tenn. 1972), a Supreme Court case holding that the employer’s subrogation rights under T.C.A. § 50- Page 4 914 (now T.C.A. § 50-6-112) extend to that portion of a settlement of a wrongful death claim that inures to the benefit of the children of the deceased employee. 1999It should also be noted that Sexton relied upon the case of Beam v. Maryland Casualty Co., 477 S.W.2d 510 (Tenn. 1972), a Supreme Court case holding that the employer’s subrogation rights under T.C.A. § 50- Page 4 914 (now T.C.A. § 50-6-112) extend to that portion of a settlement of a wrongful death claim that inures to the benefit of the children of the deceased employee. | 2 | 1999–1999 |
Jordan v. Baptist Three Rivers Hospital
green
2 sentences1999If the wrongful death claim is authorized under “survival” legislation, then it is clear that a wrongful death recovery is, in the language of the subrogation statute, a “ recovery...by those to whom such worker’s right of action survives.” I believe that Jordan necessarily changes the ruling in Beam because Jordan clearly holds that the Tennessee wrongful death statutory scheme, in addition to authorizing a survival action, “creates a cause of action that compensates survivors for their losses.” Jordan, 984 S.W.2d at 598 . 1999If the wrongful death claim is authorized under “survival” legislation, then it is clear that a wrongful death recovery is, in the language of the subrogation statute, a “ recovery...by those to whom such worker’s right of action survives.” I believe that Jordan necessarily changes the ruling in Beam because Jordan clearly holds that the Tennessee wrongful death statutory scheme, in addition to authorizing a survival action, “creates a cause of action that compensates survivors for their losses.” Jordan, 984 S.W.2d at 598 . | 2 | 1999–1999 |
Francis Ione Lethcoe v. Ricky Ray Holden, et ux
green
1 sentence2020While Lethcoe involved a commercial tenant and a plaintiff asserting a wrongful death claim, see 31 S.W.3d at 255-56 , its principles have been applied in cases involving a residential tenant’s premises liability claim. | 1 | 2020–2020 |
Matheny Ex Rel. Matheny v. Tennessee Valley Authority
green
1 sentence2020Tenn.) rev’d in part 557 F.3d 311 (6th Cir. 2009) (awarding $75,000, after a bench trial on a wrongful death claim, for conscious pain and suffering by a drowning victim who “undoubtedly experienced excruciating pain and terror as he struggled to stay afloat and to breathe” but only for a period of ten minutes); Sharpe v. City of Lewisburg, Tenn., 677 F. Supp. 1362, 1365 (M.D. | 1 | 2020–2020 |
Edgar Foster, Individually and on Behalf of Wife, and Stanley Turner v. St. Joseph Hospital, Mahir R. Awdeh, M.D., Raj. C. Dave, M.D.
green
1 sentence2016Given these policy considerations and the fact that “„the cause of action is not changed by the substitution of the proper party plaintiff for the improper plaintiff and that such a substitution does not prejudice the defendant who has had notice from the beginning of the suit,‟” Id. at *4 (quoting Foster, 158 S.W.3d at 424 ), the Holley Court held that the trial court erred in dismissing the wrongful death claim. | 1 | 2016–2016 |
State Farm Mutual Automobile Insurance v. Campbell
green
1 sentence2008It is sufficient that the statutory definition of reckless homicide encompasses the conduct of DCC. -16- of the civil process to assess criminal penalties that can be imposed only after the heightened protections of a criminal trial have been observed.” Campbell, 538 U.S. at 428 . | 1 | 2008–2008 |
Gipson v. Memphis Street Railway Co.
green
2 sentences2005Gipson v. Memphis Street Railway Co., 51 Tenn.App. 31 , 364 S.W.2d 110 (1962). 2005Gipson v. Memphis Street Railway Co., 51 Tenn.App. 31 , 364 S.W.2d 110 (1962). | 1 | 2005–2005 |
Kirksey v. Overton Pub, Inc.
green
1 sentence2003A third case cited by defendants, Kirksey, 804 S.W.2d 68 , involved a wrongful death claim for the death of an adult from the effects of ten or more “Zombies” consumed, on a bet, within a short period of time. | 1 | 2003–2003 |
Collier v. Memphis Light, Gas & Water Division
green
1 sentence2001See Tenn. Code Ann. § 28-1-106 (1980); Collier, 657 S.W.2d at 773 . | 1 | 2001–2001 |
Hill v. City of Germantown
green
1 sentence2001In Hill, the supreme court held that, “loss of consortium damages in a wrongful death claim are wholly contained within the award for wrongful death.” Id. at 240 . | 1 | 2001–2001 |
| North Memphis Sav. Bank v. Union Bridge & Construction Co. green | 1 | 1999–1999 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.