TBA Law Blog


Posted by: Kreis White on Apr 23, 2014

MELINDA JAN METZINGER v. RONALD WAYNE METZINGER
Court: TN Court of Appeals

Attorneys:

Jason R. Creasy, Dyersburg, Tennessee, for the appellant, Ronald Wayne Metzinger

Albert Wade, Jr., Paris, Tennessee, for the appellee, Melinda Jan Metzinger

Judge: HIGHERS

This appeal involves the classification and division of Husband’s $66,000.00 personal injury settlement in a divorce proceeding. The trial court classified the settlement as marital property, it deducted $13,400.00 for what it found to be “legitimate expense[s] of the marriage” paid by Husband, and it awarded Wife one-half of the balance, or $26,300.00. We reverse the trial court’s award to Wife.

The Court cited the following statute as determinative:
(C) “Marital property” includes recovery in personal injury . . . for the following: wages lost during the marriage, reimbursement for medical bills incurred and paid with marital property, and property damage to marital property.
Tenn. Code Ann. 36-4-121(b)(1)(A), (C).

.PDF Version of Case

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