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Posted by: Chandra Williams on Jul 28, 2015

Court: TN Court of Appeals

Attorneys 1:

Kyle D. Vaughan, Kingsport, Tennessee, for the appellant, Kingston Neale b/n/f Dion Russell.

Attorneys 2:

S. Morris Hadden and Caroline Ross Williams, Kingsport, Tennessee, for the appellee, United Way of Greater Kingsport. T. Kenan Smith, Knoxville, Tennessee, for the appellee, Boys and Girls Club of Greater Kingsport.

Judge(s): FRIERSON

This negligence action arose when a minor child injured his finger while participating in a woodworking shop activity at a facility operated by the Boys and Girls Club of Greater Kingsport. The child?s father and mother originally filed a joint action as next friends of the child, naming as defendants the Boys and Girls Club of Greater Kingsport and the United Way of Greater Kingsport (collectively, “Defendants”). The parents eventually nonsuited the original action. The child?s father subsequently filed this action as next friend of the child, seeking damages for permanent impairment, pain and suffering, medical expenses, and loss of earning capacity. Defendants filed concomitant motions for summary judgment, each asserting that the father lacked standing to bring this action pursuant to Tennessee Code Annotated § 20-1-105(b). Following a hearing, the trial court granted summary judgment in favor of Defendants. The father has appealed. Having determined that Tennessee Code Annotated § 20-1-105(b) (2009) operates only to bar an action brought by the father on his own behalf to recover medical expenses and loss of the child?s service, we affirm the grant of summary judgment to Defendants only as to the father?s claim for these damages. We reverse the grant of summary judgment as to the claims brought on behalf of the child and remand to the trial court for further proceedings consistent with this opinion.