Search This Blog

Friday, August 28, 2020

Dismissal of Spouse's Loss-of-consortium Claim Upheld on Appeal Because Notice of That Claim Was Not Filed with the Division of Claims and Risk Management Prior to Suit Being Filed

The opinion of Kampmeyer v. State, No. M2019-01196-COA-R3-CV (Tenn. Ct. App. Aug. 28, 2020) was released today by the Tennessee Court of Appeals.  The syllabus from the slip opinion reads:

Appellants, Husband and Wife, filed a complaint for damages, including Wife’s loss of consortium claim, with the Tennessee Claims Commission. The State filed a Tennessee Rule of Civil Procedure 12.02(6) motion to dismiss Wife’s loss of consortium claim because she did not file notice of her claim with the Division of Claims Administration within the applicable statute of limitations. The Claims Commission dismissed Wife’s claim for failure to comply with the notice requirement. See Tenn. Code Ann. § 9-8- 402(b). Discerning no error, we affirm. 

Here is a link to the slip opinion:

NOTE: The takeaway from this decision: notice of a spouse's derivative loss-of-consortium claim must be filed with the Division of Claims and Risk Management before suit is filed for it and the injured spouse's claim.    

No comments: