A person seeking compensation for harm suffered due to a car accident in Tennessee must not only establish liability, but he or she must also prove the damages caused by the accident. The consequences of the failure to adequately establish the economic and noneconomic harm caused by an accident were recently highlighted in a Tennessee appellate court case in which the court rejected the plaintiff’s assertion that the defendant owed the plaintiff the damages she sought, despite the fact that she did not set forth any evidence supporting her damages claim. If you suffered harm in a car accident, it is prudent to consult an experienced Tennessee car accident attorney to discuss what evidence you must produce to present a winning case.
Factual and Procedural History
It is alleged that the defendant driver rear-ended the plaintiff’s car, causing the plaintiff to suffer injuries. The plaintiff filed a personal injury lawsuit against the defendant, setting forth a negligence claim and requesting $125,000 in damages for medical expenses, pain and suffering, and loss of enjoyment of life. The defendant did not answer the plaintiff’s discovery requests, and the plaintiff subsequently filed a motion for summary judgment and a request for admission against the defendant. The defendant did not reply to either pleading.
It is reported that the court granted the request for admission and the motion for summary judgment. The defendant then appealed, but the court denied the appeal. A hearing was then held to determine the plaintiff’s damages, after which the court awarded the plaintiff $5,000, based on the lack of expert testimony supporting the plaintiff’s claim for damages. The plaintiff then appealed.