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Monday, April 06, 2015

New Wrongful Death Opinion: Disqualification of Surviving Spouse under Recent Changes to Tennessee's Wrongful Death Law

The Tennessee Court of Appeals recently released its opinion in Baugh v. United Parcel Serv., No. M2014-00353-COA-R3-CV (Tenn. Ct. App. Mar. 31, 2015).  The summary from the opinion states as follows:
In this wrongful death appeal, the main issue is whether, under Tenn. Code Ann. § 20-5-106(c)(1), a surviving spouse must have abandoned the decedent for a period of two years to have waived his or her right to institute an action or collect proceeds under that section.  We have concluded that the two-year period in Tenn. Code Ann. § 20-5-106(c)(1) applies only to “willful withdrawal.”
Here's a link to the opinion:

NOTE: This opinion offers an analysis of the recent changes to our state's wrongful death law, which was recently amended.

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