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…
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…
Lay witness testimony should have been admitted regarding the likely source of gravel on a road after road construction, and summary judgment in this case was overturned. In Flagg v. Hudson Construction Company, No. E2017-01810-COA-R3-CV (Tenn. Ct. App. May 28, 2019), plaintiff crashed his motorcycle on a recently paved…
Even with video showing the crash, a court may find that there are issues of fact concerning fault allocation surrounding a car accident. In Trammell v. Peoples, No. M2016-02198-COA-R3-CV (Tenn. Ct. App. Oct. 11, 2017), plaintiffs were involved in a car accident with defendant. Defendant was driving a box truck…
Where plaintiff failed to have service issued for over a year against the defendant driver in a car accident case, her claim against her uninsured motorist insurance carrier was barred. In Davis v. Grange Mutual Casualty Group, No. M2016-02239-COA-R3-CV (Tenn. Ct. App. Sept. 28, 2017), plaintiff filed suit on March…
An exculpatory agreement contained in a contract for transportation services may be enforceable against a plaintiff claiming ordinary negligence. In Copeland v. Healthsouth/Methodist Rehabilitation Hospital, L.P., No. W2016-02499-COA-R3-CV (Tenn. Ct. App. Aug. 10, 2017), plaintiff was recovering from knee surgery in a hospital and had a follow-up appointment with his…
While a case for personal injuries resulting from a car accident must be filed within one year, a claim against an insurance company for uninsured motorist coverage arising from the same incident is not subject to that one-year statute of limitations. In Bates v. Greene, No. W2016-01868-COA-R3-CV (Tenn. Ct. App.…
In Higgs v. Green, No. M2016-01369-COA-R3-CV (Tenn. Ct. App. May 11, 2017), the Court of Appeals affirmed a jury verdict for defendant in a car accident case. Plaintiff and defendant were involved in a two-car accident in Brentwood. “The accident occurred as Defendant was making a left-hand turn across Plaintiff’s…
In a recent case where plaintiff was seeking damages for emotional injuries, the Court of Appeals affirmed summary judgment for defendant, holding that plaintiff could not recover for negligent infliction of emotional distress when the claim was based on the negligent destruction of property. In Lane v. Estate of Leggett,…
In Goan v. Mills, No. E2016-01206-COA-R3-CV (Tenn. Ct. App. Mar. 24, 2017), the Court of Appeals affirmed the trial court’s decision to enforce a settlement agreement in a car accident case. Plaintiff was rear-ended by defendant while plaintiff was delivering mail. Plaintiff brought this action, and settlement negotiations between the…