Matthews v. Mitchell

CRAWFORD, Judge.

This appeal involves two wrongful death cases seeking damages resulting from the death of the same person. In an attempt to explain the situation with some clarity, we will refer to them in the order of their filing, as Suit 1 and Suit 2. Suit 1 is an ■ appeal from an order of the trial court granting defendants a summary judgment. Suit 2 is an appeal from the order of the trial court denying plaintiffs’ Tenn.R.Civ.P. 60.02 motion to set aside a summary judgment for the defendants.

On December 8, 1979, the decedent, J.C. Matthews, was injured when the vehicle he was driving…