Lindsay Taylor, et al. v. Al Beard, et al.

Summary

The Tennessee Supreme Court held that Tennessee should not recognize a common-law cause of action allowing children to recover for loss of parental consortium resulting from personal injuries to a parent. The court concluded that creating such a cause of action involves public-policy choices within the legislature's discretion and affirmed the Court of Appeals' judgment. The court also held that the appellants waived constitutional arguments raised for the first time on appeal.

Holdings

1. Tennessee does not recognize a common-law cause of action for a child's loss of parental consortium arising from personal injuries to a parent.
2. The constitutional arguments were waived because they were raised for the first time in the appellate courts, and the Attorney General was not notified or permitted to participate.

Questions Presented

1. Whether Tennessee should recognize a common-law cause of action allowing a child to recover for loss of parental consortium resulting from personal injuries to a parent.
2. Whether the appellants' due-process and equal-protection arguments could be considered for the first time on appeal.

Disposition

affirmed