Thursday, September 23, 2010

Court reviews various issues regarding disclosing the amount of damages in a medical malpractice case.

AMANDA ELLIOTT v. R. MICHAEL COBB (Tenn. September 23, 2010)

The issue presented in this interlocutory appeal is whether a plaintiff in a medical malpractice action is prohibited from arguing or suggesting to the jury any monetary amounts for non-economic damages. We hold that the language of Tennessee Code Annotated section 29-26- 117 (2000) prohibits the plaintiff from disclosing the amount of damages requested in the plaintiff's pleading, but does not preclude the plaintiff from arguing or suggesting monetary amounts for non-economic damages to jurors at trial. The judgment of the trial court is reversed, and this case is remanded for further proceedings.

Opinion may be found at:

KOCH concurring

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