JORDAN V. BAPTIST THREE RIVERS HOSPITAL 984 S.W.2d 593 (1999) CASE BRIEF

JORDAN V. BAPTIST THREE RIVERS HOSPITAL
984 S.W.2d 593 (1999)
NATURE OF THE CASE: Jordan (P) appealed from a decision, which granted Baptist's (D) motion to strike in P's wrongful death action.
FACTS: Mary Sue died. P is a surviving child of the decedent and the administratrix of the decedent's estate. P filed a medical malpractice action against Ds alleging that the Ds' negligence caused the decedent's death. P sought damages for loss of consortium and for the decedent's loss of enjoyment of life or hedonic damages. Ds filed a motion to strike and a motion for judgment on the pleadings asserting that Tennessee law does not permit recovery for loss of parental consortium and for hedonic damages. Ds' motion to strike was granted. P was given permission to file an interlocutory appeal. P's application for an interlocutory appeal was denied was denied at the court of appeals. P appealed to determine whether claims for loss of spousal and parental consortium in wrongful death cases are viable in Tennessee under Tenn. Code Ann. 20-5-113.

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RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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