Jordan v. Baptist Three Rivers Hospital

984 S.W.2d 593 · Tennessee Supreme Court · 1999

Illustration of Jordan v. Baptist Three Rivers Hospital

Facts

Martha P. Jordan, administratrix of Mary Sue Douglas's estate, filed a medical malpractice action alleging the defendants' negligence caused Douglas's death. The complaint sought damages for loss of consortium and hedonic damages, but the trial court granted the defendants' motion to strike these claims. The plaintiff appealed to determine if spousal and parental consortium losses are recoverable in wrongful death actions.

Issue

The primary issue is whether spousal and parental consortium losses are permissible elements of damages in wrongful death actions under Tennessee law, specifically Tenn. Code Ann. § 20-5-113.

Holding

The Supreme Court reversed the trial court's decision, holding that consortium-type damages, including both spousal and parental consortium, may be considered when calculating the pecuniary value of a deceased's life in wrongful death actions. The court explicitly overruled prior precedent to the extent it prohibited such recovery.

Rule

The pecuniary value of a deceased's life under Tennessee's wrongful death statute (Tenn. Code Ann. § 20-5-113) includes the element of damages commonly referred to as loss of consortium. This encompasses both spousal and parental consortium, recognizing the tangible and intangible benefits of family relationships as having ascertainable pecuniary value.

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