Garrison v. Bickford
Tennessee Supreme Court
377 S.W.3d 659 (2012)
- Written by Eric Miller, JD
Facts
Michael Garrison was struck and killed by a car driven by Andy Bickford (defendant) and owned by Rita Bickford (defendant). Michael’s parents, Jerry Garrison (plaintiff) and Martha Garrison (plaintiff), brought suit against the Bickfords for wrongful death as well as negligent infliction of emotional distress suffered by Jerry and Martha as a result of Michael’s death. Jerry and Martha also sought to collect on their claims through their own insurer, State Farm Mutual Automobile Insurance Company (State Farm) (defendant), pursuant to the uninsured-motorist provisions of their policy, which covered damages for bodily harm. Jerry and Martha reached settlements with the Bickfords and with State Farm, but State Farm refused to pay damages for emotional distress, citing the relevant policy provision’s use of the term bodily injury. The trial court held that bodily injury included emotional injury. State Farm appealed. The appellate court ruled in favor of State Farm. Andy and Rita then appealed to the Tennessee Supreme Court, seeking clarification on the scope of the term bodily injury.
Rule of Law
Issue
Holding and Reasoning (Clark, C.J.)
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