Thursday, April 14, 2016
In Garvin v. Malone, No. M2015-00856-COA-R3-CV (Tenn. Ct. App. Feb. 26, 2016), plaintiffs sued defendant after defendant’s van ran into the rear of plaintiffs’ car. After a jury found for defendant, the issue on appeal was whether photographs showing damage to the vehicles should have been admitted since plaintiffs had not made a claim for property damage. The photos showed little damage while the plaintiff testified to great impact. The Tennessee Court of Appeals affirmed the trial court verdict since the photos were for impeachment of the plaintiff's testimony. This is a good lesson to see if the client's story matches the evidence.