(1) If the deceased had commenced an action before the deceased's death, it shall proceed without necessity of revivor.
(2) The damages shall go to the surviving spouse and next of kin free from the claims of creditors.
Tenn. Code Ann. § 20-5-108
Continuation of decedent's action
Applied in 3 court decisions — leading case Linda Beard v. James William Branson (2017)
Most recently applied in Christopher O'Dneal v. Baptist Memorial Hospital-Tipton (February 2018)
Code 1858, § 2293; Shan., § 4028; mod
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.