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:
http://www.tba2.org/tba_files/TSC/2010/elliota_092310.pdf
KOCH concurring
http://www.tba2.org/tba_files/TSC/2010/elliota_CON_092310.pdf
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