 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Cavnar v. State2/26/2003
the Commission has subject matter jurisdiction. However, Mr. Cavnar's claim still fails to state a claim upon which relief can be granted because he lacks standing to assert it. Actions for damages caused by tortious conduct ordinarily must be filed by the injured person. Except for a few exceptional instances, one person ordinarily cannot sue individually for another's injuries. Millsaps v. Crofts, 159 Tenn. 582, 585, 21 S.W.2d 389, 390 (1929); accord Loucks v. Albuquerque Nat'l Bank, 418 P.2d 191, 199 (N.M. 1966). Mr. Cavnar, in his individual capacity, lacks standing to assert an independent tort claim belonging to his wife and children. For that reason, the Commissioner's dismissal of his claim based on the alleged infliction of emotional distress was proper.
VI.
We affirm the order dismissing Mr. Cavnar's claim and remand the matter to the Commission for whatever further proceedings may be required. We tax the costs of this appeal to Quentin Cavnar for which execution, if necessary, may issue.
Page 1 2 3 4 5 Tennessee Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|