The Tennessee Court of Appeals has issued its opinion in Kindred v. Townsend, No. W2021-01481-COA-R3-CV (Tenn. Ct. App. Dec. 7, 2022). The syllabus from the slip opinion reads:
This negligence action arises from the collision of Plaintiff/Appellee’s Mercedes convertible with a tractor-trailer operated by Defendant/Appellant in the scope of her employment. The trial court determined that Appellant was more than 50 percent at fault for the accident and apportioned 75 percent fault to Appellant and 25 percent fault to Plaintiff/Appellee. The trial court also determined that Defendant/Appellant employer was vicariously liable for the damages awarded. Discerning no error, we affirm the judgment of the trial court.
The opinion can be found here:
https://www.tncourts.gov/sites/default/files/kindredlindaopn.pdf.
NOTE: This is a good opinion for any Tennessee trial lawyer to read because it reminds us of the impact of forensic evidence at trial, the record on appeal, etc. It is just a good reminder in my humble opinion.
