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Tennessee Code Annotated

Tenn. Code Ann. § 20-5-103 (2026)

Causes surviving death of tort-feasor

✓ current as of May 2026
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Acts 1935, ch. 104, § 1; mod. C. Supp. 1950, § 8243.1; T.C.A. (orig. ed.), § 20-603.

Notes of Decisions
Cited in 22 cases (4 in the last 5 years), 1986–2025 · leading case: Goss v. Hutchins, 751 S.W.2d 821 (Tenn. 1988).
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Goss v. Hutchins, 751 S.W.2d 821 (Tenn. 1988). · cites it 12× “In 1935, the Legislature abrogated the common law rule by adopting the predecessor of the current T.C.A. § 20-5-103. This section provides in relevant part: Causes surviving death of tort-feasor.”
Julia Putman v. John W. Leach Adm'r Ad Litem of the Est. of Bryane R. Litsinberger, 572 S.W.3d 605 (Tenn. Ct. App. 2018). · cites it 18× “See Tenn. Code Ann. § 20-5-103 ; Mid-South Pavers, Inc.”
Oscar H. Vaughn v. James D. Morton, 371 S.W.3d 116 (Tenn. Ct. App. 2012). · cites it 7× “The well-established policy of liberality in the granting of amendments to complaints clearly raises the following question in this case: Does this principle control over the statutory requirements applicable to the situation now before us? The answer to that question begins…”
Richard Liput v. Bobby Grinder, 405 S.W.3d 664 (Tenn. Ct. App. 2013). · cites it 6× “At the hearing, the trial court ruled that the lawsuit was “never properly commenced against the correct named defendant pursuant to the mandates of the Tennessee Rules of Civil Procedure 3 & 4 and Tennessee Code Annotated Section 20-5-103. The statute of limitations against the…”
Timmins v. Lindsey, 310 S.W.3d 834 (Tenn. Ct. App. 2009). · cites it 2× “The manner in which a pending action is to be revived is then provided for at Tenn.Code Ann. §§ 20-5-103 (causes surviving death of tort-feasor), -104 (revival by or against heirs) and -105 (revival by or against successor in interest).”
Est. of Russell v. Snow, 829 S.W.2d 136 (Tenn. 1992). · cites it 8× “When a party who would have been a defendant in tort litigation dies before such litigation is commenced, the cause of action may be prosecuted against the personal representative of the decedent pursuant to T.C.A. § 20-5-103. Subsection (a) states: In all cases where a person…”
Christopher J. White v. Lisa M. Johnson v. City of Memphis, Tennessee, 522 S.W.3d 417 (Tenn. Ct. App. 2016). · cites it 2× “Tennessee Code Annotated Section 20-5-103, known as the “Survival Statute,” provides that: In all cases where a person commits a tortious or wrongful act causing injury or death to another, or property damage, and the person committing the wrongful act dies before suit is…”
Owens v. State, 710 S.W.2d 518 (Tenn. 1986). · cites it 2× “The latter is a general revival statute, and is immediately preceded by T.C.A. § 20-5-103, providing for the survival of tort claims upon the death of the tort-feasor, except in actions for wrongs affecting the character of the plaintiff.”
Stephanie Bryant v. Henry Klein (Tenn. Ct. App. 2009). · cites it 16× “By special appearance, the deceased tortfeasor’s estate filed a motion to dismiss on the grounds that plaintiffs had not properly instituted the action against the decedent in accordance with Tenn. Code Ann. § 20-5-103 prior to the expiration of the statute of limitations.”
Bill E. Owens v. Otto Muenzel, Jr. (Tenn. Ct. App. 2018). · cites it 7× “” Although Muenzel died before Appellants filed their complaint for injuries sustained in the car accident, Tennessee Code Annotated section 20-5-103, the survival 1 The record reveals that Muenzel died on November 14, 2015.”
Robert Lee Algee v. David Anthony Craig as Pers. Rep. of the Est. of Nancy P. Craig (Tenn. Ct. App. 2020). · cites it 6× “A suit to recover personal injury damages from a decedent is governed by Tennessee Code Annotated section 20-5-103, which provides, in pertinent part, as follows: (a) In all cases where a person commits a tortious or wrongful act causing injury or death to another, or property…”
Vivian Khah v. Jonathan Capley (Tenn. Ct. App. 2019). · cites it 5× “Tenn. Code Ann. § 20-5-103 (b) (2009); Goss v.”
Show all 22 citing cases →
— Tenn. Code Ann. § 20-5-103(a) — 4 cases
Richard Liput v. Bobby Grinder, 405 S.W.3d 664 (Tenn. Ct. App. 2013). “At the hearing, the trial court ruled that the lawsuit was “never properly commenced against the correct named defendant pursuant to the mandates of the Tennessee Rules of Civil Procedure 3 & 4 and Tennessee Code Annotated Section 20-5-103. The statute of limitations against the…”
Susan Durham v. Est. of Gus Losleben (Tenn. Ct. App. 2020).
Nucsafe, Inc. v. Stephen Farber (Tenn. Ct. App. 2024).
Vivian Khah v. Jonathan Capley (Tenn. Ct. App. 2019). “Tenn. Code Ann. § 20-5-103 (b) (2009); Goss v.”
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