Tennessee Injury Attorney Blog
While some issues of law are controlled by the federal government, many are governed by the law of the individual states. For instance, tort litigation issues such as the statute of limitations, the proper parties to a lawsuit, and available damages are governed by state law.
When the law of two or more states could possibly apply to a legal dispute, the courts are called upon to make a “choice of law” decision as to which state’s law to apply. Situations exist in which a suit would not be viable in one state but would be of significant potential value in another.
Facts of the Case
In the case of Sterchi v. Savard, the plaintiff was the adult son of a woman who was killed in a car accident in Florida. He brought a wrongful death lawsuit in Tennessee against the defendant, the executor of the estate of his father-in-law, alleging that the father-in-law’s negligence caused his mother’s death. The executor filed a motion for summary judgment, arguing that Florida law governed the action. The trial court agreed and granted the motion.
The Decision of the Appellate Court
On appeal to the Court of Appeals of Tennessee at Knoxville, the court reversed the lower court’s grant of summary judgment to the executor and remanded the case for further proceedings. The court began by observing that all of the parties to the suit, including the deceased, were residents and domiciliaries of the state of Tennessee at the time of the motor vehicle accident in question and were on vacation in Florida when the accident occurred.
The court then noted that, under Tennessee law, an heir (such as the plaintiff herein) may bring a wrongful death lawsuit in his or her own name, but, in Florida, only the personal representative of the decedent can bring such a suit. Also, Florida law does not allow adult children to claim loss of consortium as damages if a spouse survived the decedent (the plaintiff’s father-in-law survived the accident but later died due to reasons not related to the accident), but Tennessee law would allow loss of consortium damages to an adult child such as the plaintiff herein.
The court went on to apply the “most significant relationship” test previously adopted by the court and decided that Tennessee had the more significant relationship to both the parties herein and the accident at issue. Accordingly, the court held that the substantive law of Tennessee should be applied to the plaintiff’s wrongful death suit.
Get Dependable Advice About Your Accident Case
If you need help with a car accident or other personal injury case, the Hartsoe Law Firm, P.C. is here to help. To schedule an appointment to discuss your case with an experienced Tennessee injury and wrongful death attorney, call us at 865-524-5657 and ask for a free consultation. We serve clients throughout east Tennessee, including in Knoxville, Maryville, and Oak Ridge. Most cases are handled on a contingency fee basis, so payment of a legal fee upfront is not required in order to get your case started.
Related Blog Posts