Tennessee Code Annotated

Tenn. Code Ann. § 25-1-106 (2026)

Damages - Spouse's loss of consortium

✓ current as of May 2026
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There shall exist in cases where such damages are proved by a spouse, a right to recover for loss of consortium.

Acts 1969, ch. 86, § 1; T.C.A., § 25-109.


Notes of Decisions
Cited in 30 cases (4 in the last 5 years), 1983–2026 · leading case: Taylor v. Beard, 104 S.W.3d 507 (Tenn. 2003).
Taylor v. Beard, 104 S.W.3d 507 (Tenn. 2003). · cites it 4× “”) No further action by the legislature or the courts took place until recently when, in Jordan v.”
Kinzer v. Metro. Gov't of Nashville, 451 F. Supp. 2d 931 (M.D. Tenn. 2006). · cites it 4× “§ 1367 (a) as the basis for this Court’s jurisdiction over the that claim. In response to Defendants’ motion, Ms.”
Kilbourne v. Hanzelik, 648 S.W.2d 932 (Tenn. 1983). · cites it 4× “It provides: "It shall be a misdemeanor for any husband or wife to neglect or fail to provide for his or her spouse who, because of physical disability, is unable to be self-supporting.”
Hunley v. Silver Furniture Mfg. Co., 38 S.W.3d 555 (Tenn. 2001). · cites it 2× “The status of the worker’s spouse’s cause of action for loss of consortium as a distinct claim is further supported by the lack of a remedy for the worker’s spouse under our workers’ compensation law.”
Hackford v. Utah Power & Light Co., 740 P.2d 1281 (Utah 1987). · cites it 2× “§ 15-5-170 (1976); Tennessee, Tenn. Code Ann. § 25-1-106 (1980); Vermont, Whitney v.”
Swafford v. City of Chattanooga, 743 S.W.2d 174 (Tenn. Ct. App. 1987). · cites it 2× “T.C.A. § 25-1-106 (1980) says that “there shall exist in cases where such damages are proved by a wife, a right to recover for loss of consortium.”
McPeek v. Lockhart, 174 S.W.3d 751 (Tenn. Ct. App. 2005). · cites it 4× “” Tenn.Code Ann. § 25-1-106 provides for a right of recovery of loss of consortium for a person whose spouse is injured.”
Williams v. United States, 754 F. Supp. 2d 942 (W.D. Tenn. 2010). · cites it 2× “” Tenn.Code Ann. § 25-1-106. Tennessee courts have defined loss of consortium as “the conjugal fellowship of husband and wife, and the right of each to the company, cooperation, affection and aid of the other in every conjugal relation.”
Still Ex Rel. Erlandson v. Baptist Hosp., Inc., 755 S.W.2d 807 (Tenn. Ct. App. 1988). · cites it 2× “Once the justification for the original action was discredited, the courts justified the action, in large part, by concluding that it properly provided compensation for the very losses — comfort, companionship, affection — that previous courts had held noncompensible.”
Clark v. Shoaf, 209 S.W.3d 59 (Tenn. Ct. App. 2006). · cites it 2× “(citing Tenn. Code Ann. § 25-1-106 , expressly creating wife’s right to claim loss of consortium).”
In Re Chapman, 424 B.R. 823 (Bankr. E.D. Tenn. 2010). · cites it 2× “See Tenn.Code Ann. § 25-1-106 (2000) (“There shall exist in cases where such damages are proved by a spouse, a right to recover for loss of consortium.”
McCutchen v. Tipton Cnty., 430 F. Supp. 2d 741 (W.D. Tenn. 2006). · cites it 2× “See Tenn.Code Ann. § 25-1-106 (providing for a right of recovery of loss of consortium for a person whose spouse is injured); McPeek v.”
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