We granted this appeal to determine whether a party with a derivative claim - loss of consortium - is entitled to challenges under the peremptory jury challenge statute, Tenn. Code Ann. § 22-3-105.
We conclude that the clear and unambiguous language of the jury challenge statute provides additional peremptory challenges to a party with a derivative claim,1 and that a new trial is required because the denial of that statutory right constitutes prejudice to the judicial process. In the interest of judicial economy, since a new trial is required, we have also decided that under comparative fault principles, the recovery of a spouse claiming loss of consortium will be reduced in proportion to or barred by the fault of the physically injured spouse. We, therefore, affirm the Court of Appeals’ decision reversing and remanding for a new trial.