Tennessee Supreme Court Decides that Personal Injury Claims and Derivative Loss of Consortium Claims are Aggregated for the Purposes of the Tennessee Damages Cap Statute

In 2011, the Tennessee legislature enacted limitations on non-economic compensatory damages and punitive damages which are recoverable in Tennessee. T.C.A. 29-39-102 was part of the Tennessee Civil Justice Act of 2011. It limits non-economic compensatory damages suffered by each injured plaintiff to $750,000 except in cases of what the legislature defined as "catastrophic" injury, in which case the limit on non-economic damages is increased to $1,000,000. T.C.A. sections 29-39-102(a)(2), (c) and...
By: Baker Donelson

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