Facts and Procedural History

It is alleged that the defendant driver struck the plaintiff while she was jogging. The plaintiff suffered significant injuries and subsequently filed a lawsuit against the defendant driver, setting forth negligence claims. She named the driver’s mother as a defendant as well, arguing that she negligently entrusted the driver with the vehicle he was operating during the accident and that she was vicariously liable for the harm he caused. The court dismissed the vicarious liability claim against the defendant mother via summary judgment, and the remaining claims proceeded to trial.

It is reported that, at the close of the plaintiff’s case, the defendant mother moved for a directed verdict on the negligent entrustment claim. The trial court denied her motion, and the court ultimately found in favor of the plaintiff. She did not file a post-trial motion but later appealed the court’s judgment against her, arguing it erred in failing to grant her motion for a directed verdict. The plaintiff argued the defendant mother waived her right to appeal.

Recourse Following a Denial of a Motion for Directed Verdict

Under Tennessee law, in any case, tried by a jury, a party that seeks to file an appeal based on an act committed during the trial must first file a motion for a new trial; otherwise, the issue is considered waived. Further, a motion for a new trial must be filed within thirty days of when a judgment is entered. The court explained that the failure to file a post-trial motion denies the trial court the opportunity to reconsider an alleged mistake made during the course of the trial, and therefore precludes appellate review of the issue. As the defendant mother did not file a post-trial motion in the subject case, the appellate court found that, in accordance with the prevailing law, she waived her right to appeal.

Speak to an Experienced Tennessee Attorney

In some instances in which a driver causes a collision, people other than the driver may be deemed liable for the losses sustained. If you lost a loved one in a car accident, it is in your best interest to meet with a lawyer to assess your possible claims. Eric Beasley is an experienced Tennessee car accident attorney with the skills and resources needed to help you seek a just outcome, and he will advocate tirelessly on your behalf. You can contact Mr. Beasley at 615-859-2223 or via the online form to set up a conference.

Factual History of the Case

It is alleged that the plaintiff and the defendant were involved in a collision in the parking lot of a shopping center. The plaintiff sustained injures in the accident, after which he filed a lawsuit against the defendant, alleging a claim of negligence. The case was tried in front of a jury, who found that the plaintiff was sixty percent at fault for the accident. Thus, pursuant to Tennessee’s comparative negligence law, the jury issued a verdict in favor of the defendant. The plaintiff filed a motion for a new trial, which the court denied. The plaintiff then appealed, arguing that the jury’s finding was against the weight of the evidence. On appeal, the jury’s verdict was affirmed.

Comparative Fault in Tennessee

Under Tennessee law, allocation of fault is an issue of fact to be determined by a jury. Thus, when a jury’s finding of fault is called into question, a court reviewing the matter will only set aside the jury’s verdict if it finds a complete lack of material evidence in support of the verdict. In determining whether such evidence exists, a court will take the strongest view of the evidence that supports the verdict and assume it to be truthful. The court will also allow all reasonable inferences to sustain the verdict and discard any evidence that disfavors the verdict.

An appellate court will not, however, re-evaluate the evidence or re-weigh the jury’s assessment of the preponderance of the evidence, as that is not within the purview of the courts. Evidence is material if it relates to the issue in controversy, and either independently or in conjunction with other evidence is determinative of the case. In the subject case, the appellate court found that upon review of the evidence presented, there was ample support for the jury’s verdict. Thus, the trial court ruling was affirmed.

Speak to a Trusted Tennessee Attorney About Your Accident

People injured in car accidents are often owed damages even if they are partially responsible for causing the crash. If you suffered harm in a collision, it is prudent to talk to an attorney as soon as possible regarding your rights. Eric Beasley is a trusted Tennessee car accident attorney with the skills and experience needed to help you seek a favorable outcome, and he will work tirelessly on your behalf. You can contact Mr. Beasley at 615-859-2223 or via the form online to set up a conference.