Negligence in a personal injury lawsuit can be proven by a variety of means. A witness may testify to observing negligent behavior, or the negligent actions may be documented in writing. Alternatively, there may be independent objective evidence of negligence, or, in rare instances, negligence may be inferred from the circumstances of the case. When evidence of negligence is presented in a manner that the trial court is in the best position to observe, such as through witness testimony, appellate courts will generally give significant deference to the observations and conclusions of the trial court. However, when the evidence of negligence can be independently evaluated by the appellate court (such as in the case of a writing), the appellate court may, in some circumstances, re-evaluate that evidence on its own and reach an independent conclusion. In a recent case before the Court of Appeals in Knoxville, the Court took it upon itself to review video evidence previously provided to a trial court and ultimately reversed the trial court’s decision.
In Peters-Asbury v. Knoxville Area Transit, Ms. Peters-Asbury sued for injuries she incurred while riding Knoxville Area Transit (KAT) buses. Ms. Peters-Asbury was a student at the University of Tennessee-Knoxville at the time of the accident, and she had received a pass from the University to utilize KAT’s disability bus services. She had a lingering knee injury that gave her significant mobility restrictions. On Ms. Peters-Asbury’s first day of classes, she requested transport from KAT to get her from one of her classes, at Bueller Hall, to the Disability Services office on campus, which was at Dunford Hall. The KAT bus, driven by Michael Chigano, picked her up and transported her to Dunford. However, rather than using the main entrance, the bus dropped her off at a side entrance. As she was exiting the bus, Ms. Peters-Asbury tripped, fell, and fractured her ankle. She ended up in a wheelchair and ultimately had to withdraw for the semester, due to lingering complications from the injury.