Torts: Damages Explained—Compensatory, Punitive, and Consortium in Tennessee

🎙️ Understanding Damages in Tennessee Civil Cases

This episode explores how Tennessee law defines and limits damages in civil litigation, including compensatory, punitive, and consortium damages. We examine the key standards courts use to evaluate emotional, financial, and deterrent-based awards—along with important procedural rules that guide how damages are calculated and challenged.

Key Topics Covered:

• Loss of Consortium: When and how surviving spouses and children can recover for lost companionship.
• Punitive Damages: What plaintiffs must prove under the “clear and convincing” standard and how courts review excessive awards.
• Compensatory Damages: The difference between economic and non-economic losses, including applicable caps and exceptions.

Case Highlights:

• Still v. Baptist Hospital, 755 S.W.2d 807 (Tenn. Ct. App. 1988): Why loss of parental consortium was historically limited.
• Jordan v. Baptist Three Rivers Hospital, 984 S.W.2d 593 (Tenn. 1999): Expanding consortium damages in wrongful death claims.
• Hodges v. S.C. Toof & Co., 833 S.W.2d 896 (Tenn. 1992): Establishing the modern standard for punitive damages.
• Goff v. Elmo Greer & Sons Construction Co., 297 S.W.3d 175 (Tenn. 2009): Due process limits and review of excessive punitive awards.

This episode gives law students a clear framework for how Tennessee courts approach damage awards—whether you're preparing a class discussion or the bar exam.

🎧 Tune in to sharpen your understanding of how civil damages are awarded, capped, and contested in Tennessee!

 Introductory Music for American Law Cafe. In Jazz Short by moodmode / Vlad Krotov.