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JONES v. BLACK

539 S.W.2d 123 (1976)

Anthony Lamar JONES, a minor, by next friend, Olivia Bell, Petitioner, v. Dr. Billy Gene BLACK et al., Respondents.

Supreme Court of Tennessee.

July 19, 1976.

Attorney(s) appearing for the Case

Charles G. Wright, Jr., Chattanooga, for petitioner.

E. Blake Moore, Spears, Moore, Rebman & Williams, Chattanooga, for respondents.

OPINION

HARBISON, Justice.

This action was brought on behalf of a minor child to recover damages for the wrongful death of his mother. Her death occurred on June 13, 1971, following Caesarean surgery in connection with the birth of the child for whose use the suit was brought.

The action was not filed until January 22, 1973, more than one year after the date of the death of decedent. The trial court and the Court of Appeals both held the claim was...

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