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KLINE v. EYRICH

69 S.W.3d 197 (2002)

Tammy L.M. KLINE, for herself and for the use and benefit of Lori Michelle Kline, Kristy Laine Kline, and Diana Marie Kline, v. Daniel P. EYRICH, et al.

Supreme Court of Tennessee, at Knoxville.

March 1, 2002.

Attorney(s) appearing for the Case

Jerry A. Farmer and Bradley A. Farmer, Knoxville, Tennessee, for the appellant, Tammy L.M. Kline.

Thomas S. Scott and Christopher T. Cain, Knoxville, Tennessee, and Paul G. Beers, Roanoke, Virginia, for the appellees, Lori Michelle Kline, Kristy Laine Kline, and Diana Marie Kline, by their next friend, mother, and natural guardian, Marcia Kline Newcomb.

OPINION

WILLIAM M. BARKER, J., delivered the opinion of the court, in which FRANK F. DROWOTA, III, C.J., and E. RILEY ANDERSON, ADOLPHO A. BIRCH, JR., and JANICE M. HOLDER, JJ., joined.

The primary issue in this case is whether a trial court may use the common fund doctrine in a wrongful death action to spread attorneys' fees equitably among the surviving beneficiaries of the action. The trial court consolidated...

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