loss of consortium claim (Tennessee) · Go Syfert
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loss of consortium claim in Tennessee

14 Tennessee opinions name it 2 courts 1997–2026 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.

Followed or applied (11)

CaseFollowedCited
Tuggle v. Allright Parking Systems, Inc.green
tenn · 1996 · cited in 4 Tennessee opinions naming this issue, 2001–2021
2 sentences

2002Ass’n, No. E2000-02713-COA-R3-CV, 2001 Tenn. App. LEXIS 603 (Tenn. Ct. App. Aug. 16, 2001), which stated the following: A loss of consortium claim is “a derivative claim in that the physical injuries or incapacities of one's spouse give rise to and establish the claim.” Tuggle v. AllRight Parking Sys., Inc., 922 S.W.2d 105, 108 (Tenn. 1996), (quoting Jackson v. Miller, 776 S.W.2d 115, 117 (Tenn. Ct. App. 1989)).

2001A loss of consortium claim is “‘a derivative claim in that the physical injuries or incapacities of one’s spouse give rise to and establish the claim.’” Tuggle v. AllRight Parking Sys., Inc., 922 S.W.2d 105, 108 (Tenn. 1996) (quoting Jackson v. Miller, 776 S.W.2d 115, 117 (Tenn. Ct. App. 1989)).

34
Jordan v. Baptist Three Rivers Hospitalgreen
tenn · 1999 · cited in 2 Tennessee opinions naming this issue, 2015–2020
2 sentences

2020In a wrongful death action, loss of consortium is an element of damages awardable under the wrongful death statute as part of the pecuniary value of the decedent’s life.” Igou v. Vanderbilt Univ., No. M2013-02837-COA-R3-CV, 2015 WL 1517794 , at *3 n.2 (Tenn. Ct. App. Mar. 27, 2015) (citing Taylor v. Beard, 104 S.W.3d 507, 509 (Tenn. 2003); Jordan v. Baptist Three Rivers Hosp., 984 S.W.2d 593, 601 (Tenn.1999)). - 11 - her verdict.

2015Rye v. Women’s Care Ctr. of Memphis, MPLLC, No. W2013-00804-COA-R9-CV, 2014 WL 903142 , at *16 (Tenn. Ct. App. Mar. 10, 2014) (quoting Jordan v. Baptist Three Rivers Hosp., 984 S.W.2d 593, 602 (Tenn. 1999)).

22
Swafford v. City of Chattanoogagreen
tennctapp · 1987 · cited in 2 Tennessee opinions naming this issue, 2001–2002
2 sentences

2002However, a person's "right to recover for loss of consortium is a right independent of the spouse's right to recover for the injuries themselves." Swafford v. City of Chattanooga, 743 S.W.2d 174, 178 (Tenn. Ct. App. 1987); see also Tenn. Code Ann. § 25-1-106 (providing that "there shall exist in cases where such damages are proved by a spouse, a right to recover for loss of consortium"). ***** . . .

2001However, a person’s “right to recover for loss of consortium is a right independent of the spouse’s right to recover for the injuries themselves.” Swafford v. City of Chattanooga, 743 S.W.2d 174, 178 (Tenn. Ct. App. 1987); see also Tenn. Code Ann. § 25-1-106 (providing that “[t]here shall exist in cases where such damages are proved by a spouse, a right to recover for loss of consortium”).

22
Jackson v. Millergreen
tennctapp · 1989 · cited in 2 Tennessee opinions naming this issue, 2001–2002
2 sentences

2002Ass’n, No. E2000-02713-COA-R3-CV, 2001 Tenn. App. LEXIS 603 (Tenn. Ct. App. Aug. 16, 2001), which stated the following: A loss of consortium claim is “a derivative claim in that the physical injuries or incapacities of one's spouse give rise to and establish the claim.” Tuggle v. AllRight Parking Sys., Inc., 922 S.W.2d 105, 108 (Tenn. 1996), (quoting Jackson v. Miller, 776 S.W.2d 115, 117 (Tenn. Ct. App. 1989)).

2001A loss of consortium claim is “‘a derivative claim in that the physical injuries or incapacities of one’s spouse give rise to and establish the claim.’” Tuggle v. AllRight Parking Sys., Inc., 922 S.W.2d 105, 108 (Tenn. 1996) (quoting Jackson v. Miller, 776 S.W.2d 115, 117 (Tenn. Ct. App. 1989)).

22
Woo-Jun Ki v. Stategreen
tenn · 2002 · cited in 2 Tennessee opinions naming this issue, 2021–2026
2 sentences

2026Ki, 78 S.W.3d at 880 .

2021See Ki v. State, 78 S.W.3d 876, 880 (Tenn. 2002) (“[I]n a spousal injury action two -6- ‘claimants’ may exist because the non-injured spouse may maintain a separate cause of action or claim for loss of consortium pursuant to statute.”); see also Hunley v. Silver Furniture Mfg.

12
Mist v. Westin Hotels, Inc.green
haw · 1987 · cited in 2 Tennessee opinions naming this issue, 1997–2021
2 sentences

2021In other words, the loss of consortium claim is dependent upon the negligent injury of the other spouse who has the primary tort cause of action.” (alterations in original) (quoting Mist v. Westin Hotels, Inc., 738 P.2d 85, 90 (Haw. 1987))).

1997Id. at 109 .

12
Taylor v. Beardgreen
tenn · 2003 · cited in 1 Tennessee opinions naming this issue, 2020–2020
1 sentence

2020In a wrongful death action, loss of consortium is an element of damages awardable under the wrongful death statute as part of the pecuniary value of the decedent’s life.” Igou v. Vanderbilt Univ., No. M2013-02837-COA-R3-CV, 2015 WL 1517794 , at *3 n.2 (Tenn. Ct. App. Mar. 27, 2015) (citing Taylor v. Beard, 104 S.W.3d 507, 509 (Tenn. 2003); Jordan v. Baptist Three Rivers Hosp., 984 S.W.2d 593, 601 (Tenn.1999)). - 11 - her verdict.

11
Cross v. City of Memphisgreen
tenn · 2000 · cited in 1 Tennessee opinions naming this issue, 2010–2010
1 sentence

2010Hunley, 38 S.W.3d at 557 (citing Cross v. City of Memphis, 20 S.W.3d 642, 645 (Tenn. 2000); Tuggle, 922 S.W.2d at 108 ; Evans v. Wilson, 776 S.W.2d 939 (Tenn. 1989)).

11
Hancock v. Chattanooga-Hamilton County Hosp. Authoritygreen
tenn · 2001 · cited in 1 Tennessee opinions naming this issue, 2005–2005
1 sentence

2005Hancock v. Chattanooga-Hamilton County Hosp., 54 S.W.3d 234, 236-37 (Tenn.2001). 5 There is no question that the pecuniary value of Mr. Bell’s life exceeds the value of Mr. Todd’s house and property.

11
Hunter v. Uragreen
tenn · 2005 · cited in 1 Tennessee opinions naming this issue, 2005–2005
1 sentence

2005Damages in cases of this sort consist of the pecuniary value of the decedent’s life, Hunter v. Ura, 163 S.W.3d 686, 705 (Tenn.2005), which may include a parent’s loss of consortium claim.

11
Setters v. Permanent General Assurance Corp.green
tennctapp · 1996 · cited in 1 Tennessee opinions naming this issue, 2001–2001
1 sentence

2001Assurance Corp., 937 S.W.2d 950, 953 (Tenn. Ct. App. 1996).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Hunley v. Silver Furniture Mfg. Co. green
tenn · 2001
2 sentences

2021Hunley, 38 S.W.3d at 557 .

2005To begin, we note that a jury verdict finding for the injured spouse but also denying a loss of consortium claim is not necessarily inconsistent because loss of consortium is “a distinct and separate cause of action from that of the injured spouse’s claim.” Hunley, 38 S.W.3d at 557-58 .

52005–2021
Tiffinne Wendalyn Gail Runions v. Jackson -Madison County General Hospital District green
tenn · 2018
1 sentence

2018Dist., 549 S.W.3d 77 , 80 n.3 (Tenn. 2018). 2 The complaint also included a loss of consortium claim filed by Plaintiff’s husband.

12018–2018
Thurmon v. Sellers green
tennctapp · 2001
2 sentences

2017Id. at 151 .

2017Id. at 151 .

12017–2017
Reichelt v. Johns-Manville Corp. green
wash · 1987
2 sentences

2015In Reichelt v. Johns-Manville Corp., 733 P.2d 530 (Wash. 1987), a wife brought a loss of consortium claim after her husband sustained injuries caused by asbestos exposure.

2015Reichelt, 733 P.2d at 531 .

12015–2015
Evans v. Wilson green
tenn · 1989
1 sentence

2010Hunley, 38 S.W.3d at 557 (citing Cross v. City of Memphis, 20 S.W.3d 642, 645 (Tenn. 2000); Tuggle, 922 S.W.2d at 108 ; Evans v. Wilson, 776 S.W.2d 939 (Tenn. 1989)).

12010–2010
Gaudio v. Griffin Health Services Corp. green
conn · 1999
1 sentence

2006Id. at *7 .

12006–2006
Schieffer v. Catholic Archdiocese of Omaha green
neb · 1993
1 sentence

1997Similarly, in Schieffer v. Catholic Archdiocese of Omaha, 508 N.W.2d 907 (Neb. 1993), the Nebraska Supreme Court affirmed the dismissal of a loss of consortium claim because it was essentially a claim for criminal conversation and alienation of affections.

11997–1997

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 25-1-106 (6) TN § Tenn. Code Ann. § 29-26-101 (3) TN § Tenn. Code Ann. § 29-26-115 (3) TN § Tenn. Code Ann. § 29-26-121 (3)

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.

Where else courts name it

CT 71 (1979–2025) LA 69 (1988–2023) OH 66 (1983–2025) IL 52 (1983–2025) CA 51 (1988–2025) PA 49 (1986–2026) GA 45 (1983–2025) TX 36 (1991–2022) MA 29 (1980–2023) FL 29 (1988–2024) MI 28 (1978–2026) IN 26 (1982–2020) MO 22 (1974–2021) NM 21 (1996–2025) WA 21 (1987–2021) MS 21 (1990–2024) IA 21 (1981–2024) NY 19 (1983–2024) ME 19 (1978–2020) NJ 14 (1982–2019) TN 14 (1997–2026) MD 14 (1984–2014) AL 12 (1986–2015) RI 12 (1992–2026) CO 12 (1986–2011) MN 12 (1981–2026) AZ 11 (1985–2026) SC 10 (1986–2025) KY 9 (1980–2025) VT 9 (1987–2026) SD 8 (1994–2007) HI 7 (1983–2024) DC 7 (1997–2025) DE 7 (1988–2025) NC 7 (1999–2022) WI 5 (1986–2020) AK 5 (1975–2020) MT 5 (1987–2014) WV 5 (1993–2013) OR 4 (1993–2021) ID 4 (1985–2025) UT 3 (2002–2018) NH 2 (1985–1987) NV 2 (1996–2023) NE 2 (2006–2013) AR 2 (2003–2003) ND 2 (1992–2015) WY 2 (2002–2008)

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.

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