Motor Vehicle Cases

June 24, 2026

Negligent hiring claim against broker of interstate transportation was not preempted by FAAA.

A negligent hiring claim against a logistics broker who hired a trucking company to perform the interstate transport of goods was not preempted by federal law.

In Montgomery v. Caribe Transportation II LLC, 2026 U.S. LEXIS 2036, — U.S. — (May 14, 2026), the plaintiff was a truck driver who was injured when his truck was struck by another truck that was hauling a load of plastic pots through Illinois. The truck that injured plaintiff was being operated by Caribe Transport. The defendant at issue in this appeal was the transportation broker who hired Caribe Transport and coordinated the shipment.

The plaintiff filed a negligent hiring claim against the transportation broker, arguing that due to Caribe Transport’s safety rating from the Federal Motor Carrier Safety Administration, the broker “knew (or should have known) that choosing Caribe Transport to transport goods was reasonably likely to result in crashes that would injure others.” The district court and Seventh Circuit held that the Federal Aviation Administration Authorization Act (“FAAA”) preempted the plaintiff’s negligent hiring claim, but the United States Supreme Court reversed.

June 22, 2026

Plaintiff not entitled to pursue claim directly against UM insurance carrier.

by The Law Offices of John Day, P.C.

In a car accident case, where the plaintiff’s summons to the other driver was returned with a note from the process server stating that the defendant was “avoiding service/said he would not cooperate,” the plaintiff was not entitled to proceed directly against her uninsured motorist insurance carrier.

In Urquia v. Seal, No. W2024-01842-COA-R3-CV (Tenn. Ct. App. Feb. 27, 2026), the plaintiff filed a personal injury suit against the defendant following a car accident. The summons to the defendant was returned, stamped “NOT TO BE FOUND AFTER DILIGENT SEARCH AND INQUIRY.” In addition to this stamp, the process server hand wrote on the summons that the defendant was “avoiding service/ said he would not cooperate.”

The plaintiff did not make any further attempt to serve the defendant. When the one-year statute of limitations on the plaintiff’s claim against the defendant ran, the plaintiff’s uninsured motorist insurance carrier filed a motion for summary judgment, asserting that the plaintiff was “unable to proceed against it directly as the uninsured motorist insurance carrier because the action had not been properly commenced against the uninsured motorist.” After a hearing, the trial court granted summary judgment to the insurance company, and the Court of Appeals affirmed.

March 9, 2026

Jury verdict awarding car accident plaintiff only part of medical expenses affirmed

by The Law Offices of John Day, P.C.

Where a jury awarded a car accident plaintiff damages related to the first portion of her medical treatment only, the award was withing the range of reasonableness and was affirmed.

In Adams v. Fields, No. W2025-00311-COA-R3-CV (Tenn. Ct. App. Jan. 13, 2026), the defendant rear-ended the plaintiff on an interstate entrance ramp. The plaintiff claimed she was stopped on a single lane ramp waiting for traffic to clear when she was struck. The defendant claimed that the plaintiff suddenly stopped on a two-lane ramp for no reason. Google maps confirmed that the ramp consisted of two lanes.

During a jury trial, the plaintiff presented evidence regarding lengthy medical treatment, including a back surgery that occurred approximately eighteen months after the accident. The plaintiff relied on testimony from both her treating physician and an expert witness. The testimony showed that the plaintiff received initial treatment in the few months following the accident with a cost of around $8,000, and then additional treatment some months later with a cost of around $40,000.

January 11, 2025

Sudden physical incapacitation doctrine applied to heart attack in car accident case.

by The Law Offices of John Day, P.C.

The sudden physical incapacitation doctrine was a defense to the plaintiff’s negligence claim in Elliott v. Monger, No. W2023-01783-COA-R3-CV (Tenn. Ct. App. Dec. 10, 2024).

In Elliott, the plaintiff and defendant were involved in a car accident. The defendant was preparing to turn left onto an exit ramp, and the plaintiff was driving in the opposite direction. The defendant’s vehicle struck the plaintiff’s, and the plaintiff filed this negligence claim against the defendant and the defendant’s employer.

Both defendants filed motions for summary judgment based on the sudden physical incapacitation doctrine. In support of their motions, the defendants attached the transcript of the defendant driver’s deposition, as well as an affidavit from a cardiologist. In the affidavit, the cardiologist opined that the defendant’s medical records showed that the defendant suffered a heart attack immediately before the accident. The plaintiff provided no expert proof in response to the defendants’ motion for summary judgment, which the trial court granted. Summary judgment based on the sudden physical incapacitation doctrine was affirmed on appeal.

August 30, 2024

Jury’s apparent credibility finding dooms appeal.

by The Law Offices of John Day, P.C.

In a car accident case where the jury found the defendant not liable, the Court of Appeals affirmed the verdict based partially on evidence from which the jury could have found the plaintiff not credible.

In Summerrow v. Welsh, No. E2023-00772-COA-R3-CV (Tenn. Ct. App. Aug. 23, 2024), plaintiff and defendant were involved in a car accident in a mall parking lot. A police officer who was called to the scene reported very minor damage to the vehicles, which were corner to corner on the front bumpers. Plaintiff did not report any injuries to the officer.

According to plaintiff, he began having neck and shoulder issues the day after the wreck that required various treatments over the following years. Plaintiff filed this personal injury suit based on this neck and shoulder injury.

June 17, 2024

Circumstantial evidence of car accident cause not sufficient.

by The Law Offices of John Day, P.C.

Where plaintiff offered only circumstantial evidence consisting of witnesses’ opinions of what might have caused a car accident, summary judgment for defendants was affirmed.

In Wright v. Doe, No. W2023-00084-COA-R3-CV (Tenn. Ct. App. Apr. 17, 2024), plaintiff filed suit against a tow truck driver and the company for which he worked. During the underlying car accident, plaintiff was stopped on the right shoulder of the interstate behind a disabled vehicle. The tow truck was in front of the disabled vehicle, and though it was parked on the shoulder, it also protruded into the far right lane. While the tow truck was present, an unidentified driver left the roadway and struck plaintiff’s vehicle, injuring plaintiff, then fled the scene.

Plaintiff filed this suit, asserting that the accident was caused by the negligence of the tow truck driver. Plaintiff claimed negligence, negligence per se, and negligent hiring, supervision and training against defendants, all of which require “proof of both causation in fact and proximate cause.”

April 10, 2024

Insured Refuses to Give Examination Under Oath – No Coverage

by The Law Offices of John Day, P.C.

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 Mr. Wright. Mr. Ponnapula made a claim against his own uninsured/underinsured motorist insurer, Tennessee Farmers Mutual Insurance Company.

December 18, 2023

Trial court’s fault allocation in motor vehicle accident case affirmed.

by The Law Offices of John Day, P.C.

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. Jefferson County, Tennessee, No. E2022-01537-COA-R3-CV (Tenn. Ct. App. Oct. 12, 2023), plaintiff was seriously injured and totaled his car when he crashed into a bus on a foggy morning. The accident occurred in a school zone, and the bus was stopped across two lanes of traffic, blocking both lanes, as it attempted to turn left out of the school exit.

Defendant presented testimony from an accident reconstructionist who opined that plaintiff had been traveling 15-20 miles over the 25 mile per hour school zone speed limit when he first began braking, and that plaintiff was the cause of the accident. On cross examination, however, the expert admitted that, due to the foggy conditions, plaintiff would not have been able to stop in time to avoid an accident even if he had not been speeding.

December 11, 2023

Personal Vehicle Sharing Programs (PVSP) Give Rise to Insurance Issues

by The Law Offices of John Day, P.C.

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 for a vehicle. Need a 2018 Porsche Macan in Chicago? $312, unlimited miles.

But what happens if the driver of that vehicle causes a wreck? Does the car owner’s liability insurance apply? Is there liability on behalf of Turo? Does the liability insurance of the driver apply?

And what if the wreck is caused by the driver of another vehicle? Does the UM/UIM coverage on the shared vehicle apply? Or will coverage be denied because the car owner received money for sharing the vehicle?

November 21, 2023

Summary judgment for car accident defendant reversed.

by The Law Offices of John Day, P.C.

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 se plaintiff brought a negligence claim against defendant driver and defendant underinsured motorist insurance company based on a car accident. The trial court granted summary judgment to defendants, finding that plaintiff’s response to the summary judgment motion was insufficient and relied only on inadmissible facts. On appeal, summary judgment was reversed.

Defendant’s statement of undisputed material facts stated that plaintiff did not see anything other than “something white” and that plaintiff did not see defendant driving her car before the accident. While plaintiff’s response to these facts included reliance on several inadmissible sources, he also relied on defendant’s interrogatory responses and his own deposition, both of which were admissible evidence.