What is the consequence of a refusal to give an examination under oath to your Tennessee automobile insurance insurer? Your policy can be rendered void. The facts. Ponnapula was in a car wreck with Mr. Wright. It appears there was not any liability insurance on the vehicle being driven by…
Where the trial court found in a bench trial that plaintiff was 20% at fault for a motor vehicle accident and the bus driver was 80% at fault, that ruling was affirmed based on the testimony of the witnesses and findings of fact of the trial judge. In Cook v.…
You have undoubtedly read about (and perhaps even used) a personal vehicle sharing program (also known as a peer-to-peer car sharing program) like Turo, which allows you to rent another person’s car for a defined period of time. Turo puts car owners together with people who have a short-term need…
Where a car accident plaintiff responded to a motion for summary judgment by relying on his own deposition testimony and defendant’s interrogatory responses, the Court found that he had created a genuine issue of material fact. In Arnold v. Malchow, No. M2022-00907-COA-R3-CV (Tenn. Ct. App. Aug. 9, 2023), a pro…
Where there were questions of fact regarding how much mud was on a road and whether defendants were the cause of the mud, the Court of Appeal reversed summary judgment for defendant trucking company in a car accident negligence case. In Sullivan v. Carden, No. E2022-01234-COA-R3-CV (Tenn. Ct. App. Sept.…
The Tennessee General Assembly has modified Tenn. Code Ann. Section 20-1-119 to make it clear that the plaintiff gets the benefits of the statute even if the fault allegations against a nonparty are made by a uninsured/underinsured motorist insurer. The new legislation, Public Chapter No. 294, states as follows: Section…
Where plaintiff and defendant presented contradicting credible evidence regarding whether all of plaintiff’s claimed injuries were caused by the car accident at issue, the trial court’s denial of plaintiff’s motion for new trial based on her assertion that the jury’s award did not adequately compensate her for her injuries was…
Where the trial court found plaintiff 25% at fault and defendant 75% at fault in a negligence case related to a crash between a car and tractor trailer, the Court of Appeals affirmed the verdict for plaintiff. In Kindred v. Townsend, No. W2021-01481-COA-R3-CV (Tenn. Ct. App Dec. 7, 2022), plaintiff…
Where defendant driver stated that the accident that injured plaintiff passenger was due to her swerving to avoid a wild animal that unexpectedly entered the roadway, and plaintiff “presented no evidence of negligence on the part of the defendant,” summary judgment for defendant was affirmed by the Tennessee Court of…
Where defendant was driving a truck that had a blowout on the interstate, defendant did not have a duty to remove the tire debris from the road. In Walker v. McMillin, No. M2020-01507-COA-R3-CV, 2022 WL 420666 (Tenn. Ct. App. Feb. 11, 2022), plaintiff was injured in a one-car accident caused…