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Maloney v. Morristown Clinic Corp.9/19/2001
This is a wrongful death action based upon alleged medical malpractice. The plaintiffs are the parents of Emily LeAnn Maloney, who died six days after her birth. The trial court dismissed the plaintiffs' claims "for consortium and companionship damages" against the defendants - an obstetrician, his group, and a hospital - all of whom were involved in the birth and subsequent care of the plaintiffs' infant child. We reverse and remand for further proceedings.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Reversed; Case Remanded
Charles D. Susano, Jr., J., delivered the opinion of the court, in which Houston M. Goddard, P.J., and D. Michael Swiney, J., joined.
OPINION
On August 31, 2001, the Supreme Court released its opinion in the case of Hancock v. Chattanooga-Hamilton County Hospital Authority, SC No. E1999-00169-SC-R11-CV, 2001 WL 997372 (Tenn., filed August 31, 2001). In Hancock, the Supreme Court held that T.C.A. § 29-26-116 "allows recovery of filial consortium damages as a part of the pecuniary value of the decedent's life." 2001 WL 997372, at *3. In the instant case, the trial court dismissed the plaintiffs' claims, which claims are predicated on the plaintiffs' allegations that they "have permanently lost the companionship, affection, consortium and love of their daughter." In so acting, the trial court resolved against the plaintiffs an issue - whether T.C.A. § 29-26-116 countenances a recovery of filial consortium damages - on which there was then no direct legal authority. The Supreme Court's decision in Hancock has now addressed that issue by affirmatively recognizing such a claim. The plaintiffs in the instant case have stated a legally-cognizable claim for filial consortium damages as a part of the pecuniary value of their infant daughter's life.
The judgment of the trial court is reversed. Costs on appeal are taxed against the appellees. This case is remanded for further proceedings, pursuant to applicable law.
Page 1 Tennessee Personal Injury Attorneys
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