By The Law Offices of John Day, P.C. on Jan 31, 2025 06:23 am
Where the trial court found the plaintiff more credible in a bench trial surrounding a pedestrian accident, the Supreme Court vacated the Court of Appeals opinion overturning a finding for the plaintiff on her negligence claim. The Court of Appeals subsequently affirmed the negligence ruling, but it vacated the allocation of fault and award of damages for recalculation. In a memorandum opinion in Easley v. City of Memphis, No. W2023-00437-COA-R3-CV (Tenn. Ct. App. Jan. 2, 2025) (memorandum opinion), the Court of Appeals affirmed a negligence ruling it had previously overturned. The case involved a pedestrian injury, where the plaintiff was hit by a truck while crossing the street in the middle of the block. The truck was owned by the city and driven by a city employee. The nearest intersection had a crosswalk and was about forty feet away, but the plaintiff did not use the crosswalk. During a bench trial, the plaintiff testified that the driver had stopped to allow a group of pedestrians to pass, but when she got to the middle of the truck, the truck moved forward and hit her. She also stated that the driver was on the phone and distracted. The driver, on the other hand, testified that he was stopped behind two other cars at an intersection. According to the driver, he began moving forward when the car in front of him moved forward, and the plaintiff stepped suddenly into his path.
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