Tort and Insurance Law Section

This section provides a venue for attorneys to share views and to develop relationships with colleagues in this area of practice. The section offers CLE on issues impacting both tort and insurance law and sends out case updates to its members.

Chair
White & Rhodes, PC
750 Old Hickory Blvd, Suite 2-230
Brentwood, TN 37027
(615)309-0400
Immediate Past Chair
Henry D. Fincher, Attorney at Law
305 E. Spring Street
Cookeville, TN 38501
(931)528-4000
Vice-Chair
Parke Morris & Associates
25 Dr. M.L. King, Jr, Ave # 208
Memphis, TN 38103
(901)244-5007

Wrongful Death Priorities May Have Exceptions, per Court of Appeals

BRITTANY NOEL NELSON, ET AL. v. CHARLES W. MYRES, ET AL.
Court: TN Court of Appeals

Attorneys:

Thomas F. Mink, Charles M. Duke, and William M. Leech, Nashville, Tennessee, for the appellant, Brittany Noel Nelson.

Russell E. Edwards, Hendersonville, Tennessee, for the appellee, Charles W. Myres.

James R. Tomkins, Nashville, Tennessee, for the appellee, Adenus Solutions Group, LLC; Adenus Group, LLC, Adenus Utilities Group, LLC, and Adenus Operations, LLC.

Jon M. Cope, Knoxville, Tennessee, for the appellee, Westfield Insurance.

Judge: DINKINS

A woman died in a multi-vehicle accident. Two wrongful death actions were filed, one by the woman's daughter, the other by the woman's husband. The daughter's suit named the husband and others as defendants. The husband's suit named one of the other drivers as the only defendant. The trial court dismissed the daughter's complaint, holding that Tennessee's wrongful death statute creates only one cause of action and that the husband, as the surviving spouse, was granted priority to prosecute the action under the statute. The daughter appeals the dismissal of her complaint. Because the husband is unable to name himself as a defendant in the suit he has filed, he is not able to prosecute the wrongful death action in a manner consistent with the right of the decedent to sue all wrongdoers whose actions are alleged to have led to her death; accordingly, we reverse the judgment of the trial court dismissing the daughter's complaint, reinstate the complaint, and remand the case for further proceedings.

.PDF Version of Case

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Price Fixing Milk Suit Means Cash for Tennesseans

If you bought milk in Tennessee or one of 15 other states in the past 13 years, you might be eligible for part of a settlement from a class-action suit alleging dairy co-ops conspired to reduce the size of their herds to raise the price of milk. A $52 million pool will be divided among lawyers and consumers who sign up at www.boughtmilk.com. The deadline to register is Jan. 31, WJHL reports.

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