Monday, January 4, 2016

Tennessee Accident Case

In Hall v. Owens, No. W2014-02214-COA-R3-CV (Tenn. Ct. App. Nov. 20, 2015), the Tennessee Court of Appeals affirmed summary judgment for defendant where plaintiff ran a red light and turned in front of defendant’s truck. As plaintiff approached an intersection, he had a red arrow for turning left. Defendant was approaching the same intersection driving a tractor-trailer truck, and defendant had a green light. Despite the red arrow, plaintiff proceeded into the intersection and turned left, at which time he was hit by defendant’s truck and severely injured.

The trial court and the Tennessee Court of Appeals found that this conduct amounted to 50% fault as a matter of law.  In Tennessee since the Plaintiff was at least 50% at fault, there could be no recovery. 

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