LATONY BAUGH, ET AL. V. UNITED PARCEL SERVICE, INC., ET AL. - Articles

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Posted by: Suzanne Craig Robertson on Apr 1, 2015

Court: TN Court of Appeals

Attorneys 1:

James S. Higgins and Richard D. Piliponis, Nashville, Tennessee, for the appellants, Jermeka D., et al.

Attorneys 2:

Blair Durham, Nashville, Tennessee, for the appellee, Latony Baugh.

C. Christopher Brown and David A. Chapman, Nashville, Tennessee, for the appellees, United Parcel Service, Inc. and Jason Sanders.

Judge(s): BENNETT

In this wrongful death appeal, the main issue is whether, under Tenn. Code Ann. § 20-5- 106(c)(1), a surviving spouse must have abandoned the decedent for a period of two years to have waived his or her right to institute an action or collect proceeds under that section. We have concluded that the two-year period in Tenn. Code Ann. § 20-5-106(c)(1) applies only to “willful withdrawal.”

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