Patsy Freeman, Individually and as Administratrix of the Estate of John R. Freeman v. CSX Transportation, Inc., a Florida Corporation

OPINION

FRANK G. CLEMENT, JR., J.,

delivered the opinion of the Court,

in which RICHARD H. DINKINS, J., joined. PATRICIA J. COTTRELL, P.J., M.S., filed a dissenting opinion.

The issues in this case are whether Tennessee’s “common county rule” deprived the Rutherford County Circuit Court of subject matter jurisdiction and whether the court erred in assessing discretionary costs. This wrongful death action arises from a fatal vehicular accident in Normandy, Bedford County, Tennessee, in which the decedent’s vehicle was struck by a train owned by CSX Transportation, Inc. The mother of the decedent,…