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Tenn. Code Ann. § 29-34-105

Settlements on behalf of minors

Applied in 2 court decisions — leading case Watkins Ex Rel. Watkins v. Bailey (2012)

Most recently applied in Crystal BLACKWELL, as Next Friend to Jacob Blackwell, a Minor v. SKY HIGH SPORTS NASHVILLE OPERATIONS, LLC (January 2017)

Acts 2004, ch. 701, § 1.

(1) Notwithstanding any other law or rule to the contrary, a judge or chancellor may sign an order approving any tort claim settlement involving a minor that is less than ten thousand dollars ($10,000) by relying on affidavits from the legal guardian. The court shall conduct a chambers hearing at which the minor and legal guardian are present to approve any tort claim settlement involving a minor that is ten thousand dollars ($10,000) or more.

(2) Such affidavit as described in subsection (a) shall contain the following: Description of the tort;

(3) Description of the injuries to the minor involved;

(4) Statement that the affiant is the legal guardian;

(5) Amount of the settlement;

(6) Statement that it is in the best interest of the minor to settle the claim in the approved amount; and

(7) Statement of what the legal guardian intends to do with the settlement proceeds until the minor reaches the age of eighteen (18).

(8) This section shall not apply to structured settlements.

(9) In the order approving any tort claim settlement authorized by this section, the court shall have the discretion to determine whether the settlement proceeds are to be paid to the minor's legal guardian or held in trust by the court until the appropriate time.

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.