Tennessee Code Annotated
Tenn. Code Ann. § 29-16-118 (2026)
Appeal
✓ current as of May 2026
- (a) Either party may also appeal from the finding of the jury, and, on giving security for the costs, have a trial anew, before a jury in the usual way.
- (b) In all cases where the right to condemn is not contested and the sole question before the jury is that of damages the property owner shall be entitled to open and close the argument before the court and jury.
- (c) The time within which either party may appeal from the finding of the jury of view shall be forty-five (45) days from the date of the entry of the court's order confirming the report of the jury of view.
Code 1858, § 1342; Shan., § 1861; Code 1932, § 3126; Acts 1953, ch. 71, § 1; 1968, ch. 615, § 1; T.C.A. (orig. ed.), § 23-1418.
Notes of Decisions
Cited in 5
cases, 1998–2017 · leading case: Blanchard v. Kellum, 975 S.W.2d 522 (Tenn. 1998).
Blanchard v. Kellum, 975 S.W.2d 522 (Tenn. 1998). “Lack of informed consent in a medical malpractice action under Tenn. Code Ann. § 29-16-118 operates to negate a patient's authorization for a procedure thereby giving rise to a cause of action for battery.”
Harris v. Buckspan, 984 S.W.2d 944 (Tenn. Ct. App. 1998). “Thus, we are not dealing with “medical battery” under Blanchard , but with alleged lack of informed consent under Tennessee Code Annotated section 29-16-118. Plaintiff admits that he knowingly executed both the “operative permit” dated April 26, 1993 and the “consent for…”
Metro. Dev. & Hous. Agency v. Nashville Downtown Platinum, LLC (Tenn. Ct. App. 2017). “” See Tenn. Code Ann. § 29-16-118 . -2- The trial court entered judgment on the jury’s verdict on September 9, 2016.”
Metro. Dev. & Hous. Agency v. Tower Music City II, LLC (Tenn. Ct. App. 2013). “Tower and PremierWest filed a notice of appeal and, pursuant to Tenn. Code Ann. § 29-16-118 , sought a de novo jury trial.”
Ashe v. Radiation Oncology Assocs. (Tenn. Ct. App. 1998). “Lack of informed consent in a medical malpractice action under Tenn. Code Ann. § 29-16-118 operates to negate a patient's authorization for a procedure thereby giving rise to a cause of action for battery.”
— Tenn. Code Ann. § 29-16-118(a) — 1 case
Metro. Dev. & Hous. Agency v. Nashville Downtown Platinum, LLC (Tenn. Ct. App. 2017). “” See Tenn. Code Ann. § 29-16-118 . -2- The trial court entered judgment on the jury’s verdict on September 9, 2016.”
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