By The Law Offices of John Day, P.C. on Jun 21, 2024 10:38 am
A trial court’s ruling for plaintiff was overturned where plaintiff stepped off a curb between parked cars, not in a crosswalk, and was hit by a truck while attempting to cross the road. In Easley v. City of Memphis, No. W2023-00437-COA-R3-CV (Tenn. Ct. App. May 1, 2024), plaintiff attempted to cross the street in the middle of a block. A crosswalk existed forty feet away, but plaintiff failed to use it. Instead, plaintiff stepped off the curb between parked cars and was hit by a city employee driving a truck. Plaintiff filed this case against the city as the driver’s employer pursuant to the GTLA. At trial, plaintiff’s testimony shifted. While she initially testified that the driver was looking at his phone, she also testified that she could not see where he was looking. She also stated that the driver stopped to allow pedestrians to cross, but then testified that he stopped due to a red light.
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