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Ki v. State8/13/2001
ctive application of Jordan, however, would not increase Plaintiffs' damages. In Jordan we expressly stated, "This holding does not create a new cause of action but merely refines the term `pecuniary value.'" Pursuant to our statute, loss of consortium damages in a wrongful death claim are wholly contained within the award for wrongful death. Plaintiffs have each received $130,000, the maximum allowable award under the GTLA per injured person. Loss of consortium damages could not increase the total amount of the award. Accordingly, we decline to remand these cases to the trial court to consider the issue of inclusion of loss of consortium damages in the pecuniary value of decedent's lives. Id. (internal citations omitted).
In the instant case, we find that there is only one claimant - Jong-Do Ki. Therefore, we find that, consistent with our supreme court's reasoning in Jordan and Hill, there is only one cause of action for wrongful death, which is the cause of action the deceased would have had if he had survived. As a result, we find that the Commissioner erred in holding that Mr. and Mrs. Ki were also claimants and were entitled to recover loss of consortium under section 9-8-307(e) of the Tennessee Code. The maximum recovery in this case under 9-8-307(e) is $300,000.00 per claimant. Due to our holding that Jong-Do Ki is the only claimant, we partially reverse the decision of the trial court.
Since we hold that there is only one cause of action in the present case, that of Jong-Do Ki for wrongful death, the second issue is pretermitted.
Conclusion
Accordingly, for the aforementioned reasons, we affirm in part and reverse in part the decision of the Claims Commissioner. On remand, the Claims Commissioner is instructed to strike the $300,000.00 award to Mr. and Mrs. Ki for their loss of consortium. Costs on appeal are taxed one half to the Appellant, State of Tennessee, and one-half to the Appellees, Mr. & Mrs. Woo-Jun Ki, for which execution may issue if necessary.
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