Where there was material evidence to support the jury’s verdict of more than $1.5 million in a car accident case, the verdict was affirmed. In Malone v. ASF Intermodal LLC, No. W2020-00430-COA-R3-CV, 2022 WL 353697 (Tenn. Ct. App. Feb. 7, 2022), plaintiff was in a car accident caused by an…
Articles Posted in Motor Vehicle Cases
Involuntary dismissal affirmed when video showed that defendant’s car was visible when plaintiff pulled onto roadway.
Where security camera footage showed that plaintiff pulled onto the road when defendant’s approaching vehicle was clearly visible, plaintiff was at least 50% at fault for the resulting car accident, despite the fact that defendant was going at least twenty miles per hour over the speed limit. In Cryer v.…
Jury verdict affirmed where jury believed defendant’s account of car accident.
Where plaintiff and defendant offered conflicting testimony regarding what caused a car accident, and the jury credited defendant’s testimony and found defendant not at fault, the verdict was affirmed. In Justice v. Hyatt, No. M2019-02105-COA-R3-CV (Tenn. Ct. App. June 30, 2021), plaintiff was driving his truck with his friend in…
Tennessee “Discovery Rule” Applied to Vehicle Crash Case
Where plaintiff knew her husband was killed in a car accident with a firefighter but did not know all the details regarding how the accident occurred, the one-year statute of limitations began to run on the day of the crash and her GTLA suit that was filed more than one…
Savings statute available to vicarious liability plaintiff.
When a plaintiff takes a voluntary nonsuit in a case asserting vicarious liability against an employer for its employee’s negligence, that plaintiff can re-file pursuant to the savings statute, even if the employee was voluntarily dismissed from the first case. In Helyukh v. Buddy Head Livestock & Trucking, Inc., No.…
Deaths in Car Crashes Down Almost 25% in Tennessee
Every Tennessean noticed a decline in motor vehicle traffic in the the month of April 2020. The reduced number of vehicles on the roads showed up in the death rate on the state’s highways. In 2019, 88 people died on Tennessee highways during the month of April. In April 2020,…
Arbitration Right in Underinsured Motorist Statute Not Triggered
When a person allegedly liable for the injury of a claimant “offers the limits of all liability insurance policies available to the party,” the Uninsured Motorist (UIM) statute provides an avenue through which the claimant may accept the offer but also “preserve the right to seek additional compensation from his…
Runner Hit By Car Found 80% At Fault
Where a plaintiff was running in the dark with no wearable light and was hit by a car while crossing the road, the Court of Appeals affirmed a jury verdict finding plaintiff 80% at fault. In Golden v. Powers, No. E2019-00712-COA-R3-CV (Tenn. Ct. App. Feb. 12, 2020), plaintiff and her…
Self-Driving Truck Goes Cross Country
An autonomous tractor-trailer recently completed a cross-country trip carrying a load of butter. Although autonomous truck and car technology is not yet for prime time, the tests continue. The impact on the trucking industry will be significant. Personal costs are one-third of the marginal cost of running a truck, even…
No Employer Liability When Employee Had Car Accident After Work
When a woman had left work early and was on a completely personal errand at the time she caused an automobile accident, her employer could not be held liable for her actions. In Gunter v. Estate of Armstrong, No. E2018-01473-COA-R3-CV (Tenn. Ct. App. Aug. 12, 2019), plaintiff sued the employer…