539 S.W.3d 134
Tenn.2017Background
- Kenneth Spires and Charity Spires were married and had one child (Uriah); Kenneth abandoned Charity and the child a month after Uriah's birth and never provided financial support to them.
- Charity died in an automobile accident; Kenneth (surviving spouse) filed a wrongful-death suit against the driver and others and asserted claims individually and as representative for the decedent and Uriah.
- Kenneth stipulated he owed nearly $72,000 in child-support arrears for four other children unrelated to Charity/Uriah; he never had a child-support order for Uriah and never paid support for Uriah.
- The decedent’s mother (Constance Ogle) and later Major Hensley (who adopted Uriah and whose adoption terminated Kenneth’s parental rights as to Uriah) intervened, arguing Kenneth was disqualified from prosecuting or recovering under Tennessee Code Ann. §§ 20-5-107(b) and 31-2-105(b) because of child-support arrearages and abandonment.
- Trial court dismissed Kenneth and substituted intervenors, holding Kenneth disqualified from prosecuting or receiving proceeds; Court of Appeals reversed in part, allowing Kenneth to prosecute but ordered Kenneth’s share paid toward his unrelated child-support arrears.
- The Tennessee Supreme Court granted review and held §§ 20-5-107(b) and 31-2-105(b) apply only when (1) the claimant is a parent of the decedent child and (2) the arrearage is for support of that decedent child; the Court therefore reversed the lower courts insofar as they applied those statutes here and affirmed that post-death abandonment-waiver statutes cannot be applied retroactively.
Issues
| Issue | Plaintiff's Argument (Spires) | Defendant's Argument (Hensley/Ogle) | Held |
|---|---|---|---|
| Whether §§ 20-5-107(b) and 31-2-105(b) bar a claimant who owes child-support arrears from filing or recovering in a wrongful-death action | Statutes only apply when the claimant is a parent of the decedent child and the arrearage is for that child; thus statutes do not apply to a surviving spouse seeking recovery for spouse’s death | Statutes apply broadly to any "parent" who owes child-support arrearages and therefore bar recovery (and, per trial court, even filing) regardless of which child the arrearage concerns | Court held statutes are limited to parents of the decedent child where arrearages are for that decedent child; statutes did not apply to Spires’ claim |
| Whether § 20-5-107(b) prevents a surviving spouse from commencing/prosecuting a wrongful-death action when the spouse owes child-support arrears | Even if recovery must be stayed or applied to arrears, the statute does not bar commencement/prosecution by the surviving spouse | Argued it disqualifies the claimant from prosecuting the suit | Court did not need to resolve broadly here; it held the statute inapplicable on facts (and noted prior appellate holding that § 20-5-107(b) bars recovery but not filing) |
| Whether post-2011 statutes deeming abandonment a waiver of wrongful-death rights apply retroactively | Statutes enacted after death do not apply retroactively to divest vested rights | Argued abandonment-based waiver statutes should bar Spires | Court affirmed Court of Appeals: abandonment-waiver statutes cannot be retroactively applied to this 2010 death |
| Whether Spires’ share of proceeds can be diverted to satisfy unrelated child-support arrears | Spires argued he could prosecute and, if entitled to share, his portion should be his (he acknowledged arrears but argued procedural/interpretive limits) | Intervenors argued his entire share should be applied to his arrears for other children | Because statutes limiting recovery did not apply, court reversed diversion order; trial court may address attorney-fee request on remand |
Key Cases Cited
- Beard v. Branson, 528 S.W.3d 487 (Tenn. 2017) (overview of Tennessee wrongful-death statutory scheme and interaction with intestate succession)
- Kline v. Eyrich, 69 S.W.3d 197 (Tenn. 2002) (surviving spouse has priority and control to file wrongful-death action)
- Foster v. Jeffers, 813 S.W.2d 449 (Tenn. 1991) (surviving spouse’s prior and superior right to file wrongful-death action)
- Jordan v. Baptist Three Rivers Hosp., 984 S.W.2d 593 (Tenn. 1999) (damages in wrongful-death actions include decedent’s pre-death damages and beneficiaries’ losses)
- Martin v. Powers, 505 S.W.3d 512 (Tenn. 2016) (avoid interpreting statutes to produce absurd results)
- Rogers v. Donelson-Hermitage Chamber of Commerce, 807 S.W.2d 242 (Tenn. Ct. App. 1990) (retroactive application of statute cannot divest vested wrongful-death rights)