Car Accidents

Published on: June 22, 2020

Tennessee Court of Appeals Reverses Lower Court’s Order That Granted Summary Judgment on Issue of Vicarious Liability in Fatal Car Accident Case

In cases in which a negligent driver was acting in the course and scope of his or her employment at the time of a serious East Tennessee car accident or fatal crash, the driver’s employer can be held vicariously liable for the harm that befell the accident victim. This is important because the employer is likely to have more financial resources (including a car accident liability insurance policy with considerably higher limits) than the at-fault motorist.

Obviously, the employer has an incentive to deny that the worker was “on the clock,” so to speak. However, simply denying the obvious will not go very far in avoiding a finding of liability for the employer.

In a recent case, both the employer and the employee (a father and son) denied that the employee was still acting on behalf of the employer when he crashed the employer’s car and killed a woman. Instead, they argued that the employee had planned to stop off and pick up a pizza, thereby deviating from his task and interrupting the chain of events that would have resulted in a finding of vicarious liability. Fortunately for the woman’ surviving spouse, the appellate court reversed the trial court’s summary judgment order and remanded the case for further proceedings.

Continue reading →

Published on: May 7, 2020

Tennessee Supreme Court Says Car Accident Litigants Stated a Claim Against Hospitals Under Consumer Protection Act

By Mark Hartsoe

Those who have never been involved in an East Tennessee car accident probably do not realize all of the possible complications that can arise as a lawsuit progresses from an initial claim filed against the responsible party’s insurance company to the ultimate collection of money damages via a negotiated settlement or a judgment in court. Because the amount of money that the injured party ultimately receives hinges in part on the amount of medical expenses that were necessitated by injuries he or she suffered in the collision, there are sometimes disagreements about medical costs, such as whether a certain medical expense was reasonable, necessary, and/or related to the accident. In some cases, medical providers themselves can become entangled in the litigation.

Facts of the Case

In a recent case ultimately considered by the state’s highest court, the original plaintiff was a man who was injured in an automobile accident that was allegedly caused by the negligence of the original defendant. A collection service acting on behalf of the hospital at which the plaintiff had been treated following the accident filed a hospital lien in the lawsuit filed by the plaintiff against the defendant, seeking to collect the full amount of the hospital bill. Notably, the hospital did not file a claim with the plaintiff’s health insurance company. The second plaintiff was injured in a different accident and was treated at a different hospital; however, the same collection service filed a lien for the full amount of her hospital bill; again, the (second) hospital did not file a claim with the second plaintiff’s health insurance company.

The first plaintiff added the second plaintiff to his suit and added the hospitals and collection service as defendants, asserting a claim that the defendants violated the Tennessee Consumer Protection Act of 1977, Tennessee Code Annotated §§ 47-18-101 et seq (hereinafter “the Act”), by filing hospital liens under the Hospital Lien Act for the full, undiscounted amount of the hospitals’ charges rather than billing plaintiffs’ health insurance companies and accepting the negotiated discounted charges. The Circuit Court for Madison County granted the hospitals’ motion for judgment on the pleadings as to the first plaintiff’s claim and dismissed the second plaintiff’s claim for lack of venue. The Tennessee Court of Appeals affirmed the dismissal of the first plaintiff’s claim and remanded the second plaintiff’s claim to the trial court with instructions to dismiss the case for failure to state a claim under the Act.

Continue reading →

Published on: January 29, 2020

Class Action Lawsuit Accuses Insurance Company of Violating Tennessee Law in Handling of Uninsured Motorist Deductibles

By Mark Hartsoe

In a Tennessee car accident case, the defendant is usually the driver whose negligence caused the crash. If he or she was on the job at the time, his or her employer may also be named as a defendant based on the principles of vicarious liability. Sometimes, however, the negligent driver cannot be identified. This may happen in a hit-and-run accident, for example. In these cases, the plaintiff’s litigation opponent may be his or her own insurance company, provided that he or she had uninsured motorist insurance. A recent case dealt with the issue of whether an insured motorist insurance company violated Tennessee law in its dealings with own insureds in such cases.

Factual Allegations

In a recent case, the plaintiff filed a putative Tennessee state court class action lawsuit against the defendant insurance company, alleging that the defendant had unlawfully charged customers a deductible in accidents in which uninsured motorists were positively identified and solely at fault. The defendant admitted that this scenario did happen to the plaintiff but denied that there had been a policy or practice regarding charging deductible in uninsured motorist cases. The defendant further alleged that it was justified in denying the plaintiff’s claim because he had failed to accurately report that he was using his car to provide ridesharing services.

After the state court lawsuit had been pending for some time, the state court allowed the plaintiff to amend his complaint to add a request for punitive damages. This amendment increased the damages at issue to the threshold for removal to federal court, and the defendant removed the action to the United States District Court for the Western District of Tennessee. At the time of the removal, a motion to compel was pending.

Continue reading →

Published on: December 16, 2019

Distracted Driving – a Huge Problem on Tennessee Roadways

By Mark Hartsoe

We’re all busy these days. It isn’t surprising that many drivers attempt to “multi-task” by making phone calls or texting while driving. However, any time that a driver focuses his or her attention on something other than the road, he or she increases the chances of being in a Tennessee car accident.

Statistically speaking, about three people lose their lives in car crashes in Tennessee each day. Far too many of these accidents are caused by distracted driving, including cell phone and smart phone usage. The problem isn’t just in Tennessee, of course. Nationally, the National Highway Traffic Safety Administration estimates that over 3000 lives are lost annually in the United States because of distracted driving.

Distracted Driving is Extremely Dangerous

A driver can be distracted by many different things – carrying on a heated conversation with a passenger, eating or drinking, and applying cosmetics or engaging in other grooming (such as shaving) are all considered to be forms of distracted driving. However, the usage of electronic devices – especially smart phones, but also navigation systems, radios, and the like – is especially problematic.

Continue reading →

Published on: November 20, 2019

Tennessee Court of Appeals Reverses Summary Judgment Granted to Insurance Agent and Agency in Insureds’ Failure-to-Procure Excess Uninsured Motorist Coverage Case

By Mark Hartsoe

Uninsured motorist insurance coverage is very important because it can be the only protection available to a person who is involved in an east Tennessee car accident with an uninsured driver (similarly, underinsured motorist coverage protects against situations in which the at-fault driver has some, but not enough, liability insurance. In cases in which coverage is triggered due to a defendant’s lack of coverage (or lack of sufficient coverage, as the case may be), the insurance company essentially “stands in the shoes” of the negligent driver. This means that the insurance company can offer defenses to liability, just as the driver would do under the same circumstances. An insurance company is an insurance company, after all, and the fact that its insured is on the other side of the suit does not change the insurer’s desire to limit the payout on the claim.

This can be very upsetting to policyholders who have been loyal customers, always paying their premiums on time and being careful drivers. What can come as an even worse surprise, however, is a customer thinking that he or she has uninsured motorist insurance coverage in place and then finding out – after an accident caused by another motorist – that he or she does not have such coverage.

Facts of the Case

In a recent case, the plaintiffs were a husband and wife who had previously lived in Georgia. When they lived in that state, they had $2,000,000 worth of excess uninsured motorist coverage, and their policy included a separate “line item premium” for the excess uninsured motorist coverage. After they moved to Tennessee in 2013, the plaintiff husband approached the defendant insurance broker and insurance agency about obtaining a personal umbrella insurance policy with the same coverage that the couple had in Georgia. According to the husband, he provided a copy of the Georgia policy so that the agent could help him obtain similar coverage in Tennessee.

Continue reading →

Published on: November 13, 2019

Federal District Court Denies Defendant’s Motion to Exclude Doctor’s Testimony in Tennessee Tractor-Trailer Accident Case

By Mark Hartsoe

In an east Tennessee truck accident case, the plaintiff has the burden of proof. This means that he or she must provide proof sufficient to convince the jury, by a preponderance of the evidence, that the defendant’s failure to act in a reasonably prudent manner was the proximate cause of his or her injuries. In most cases, this evidence includes the testimony of one or more physicians who are qualified to explain to the jury the nature and extent of the plaintiff’s physical injuries, treatment, and limitations. If the defendant disagrees with the qualifications of the plaintiff’s proposed expert witness(es), a motion to exclude the testimony may be filed. The trial court will then rule upon the motion, and whichever party is aggrieved thereby may eventually seek the review of an appellate court regarding the decision.

Facts of the Case

In a recent federal court case, the plaintiff filed suit against the defendants, seeking compensation for personal injuries he allegedly suffered in a rear-end collision involving his van and their tractor-trailer. The defendants filed a motion to exclude the testimony of the plaintiff’s treating physician and medical expert, arguing that the doctor did not state in his deposition that he was serving as an expert witness, the doctor did not examine any documents other than the plaintiff’s medical records and was not aware of any facts related to the accident, the doctor’s report lacked a method of reasoning as to his conclusion that the accident at issue caused the injuries complained of by the plaintiff, the doctor did not connect his experience to his conclusions, and/or the doctor did not take into account possible causes of the plaintiff’s injuries other than the accident.

The plaintiff responded that, even if the doctor’s report was “technically deficient,” it would not be appropriate for the court to exclude it because any alleged failure to disclose it was harmless in that it did not prejudice the defendants.

Continue reading →

Published on: October 30, 2019

Tennessee Supreme Court Rules That Claimant Was Not a Necessary Party to Declaratory Judgment Action Between Insurance Company and Insured

By Mark Hartsoe

When someone has automobile accident liability insurance and he or she is sued due to a Tennessee car accident, the insurance company has two responsibilities: to provide a defense for the insured and to indemnify him or her in the event of a judgment. The insured individual also has certain obligations, perhaps the most important of which is the duty to cooperate with the insurance company during the legal proceedings arising from the accident.

When the insured does not cooperate in the way that he or she should, the insurance company may not have a duty to defend or indemnify him or her. Unfortunately, innocent people – namely, those injured by the insured’s negligence – may be negatively affected in such a situation.

Facts of the Case

In a recent case that was heard by the state’s highest court, the plaintiff was an insurance company that filed a declaratory judgment action against the defendant insured, seeking a declaration that it did not have to provide a defense to the insured in a personal injury lawsuit that had been file against him pertaining to an automobile accident or to indemnify him for any damages ultimately awarded to the claimant in that lawsuit. The insured reportedly did not respond, and the trial court entered a default judgment for the insurance company, holding that it did not have a duty to defend or indemnify the insured under the circumstances.

Continue reading →

Published on: July 23, 2019

Federal Court Holds that Tennessee State Court Should Have Retained Jurisdiction Over Auto Accident Victim’s Claim Against Medical Provider

By Mark Hartsoe

When someone is hurt in a Knoxville car accident, he or she is likely to have considerable medical costs. Getting those expenses paid can be an uphill battle, as can recouping lost wages or compensation for pain and suffering. In addition to a negligence lawsuit filed against the at-fault driver, the plaintiff may have other legal remedies available to him or her.

As the case set forth below explains, it is usually the plaintiff who decides where to file his or her lawsuit, if a choice of forum is a possibility (which it may or may not be, depending upon the circumstances), but there are sometimes exceptions to this general rule. As the court points out, there may also be an exception to the exception.

Facts of the Case

In a recent federal appellate case, the original plaintiff was a woman who was reportedly hurt in a car accident. She sought medical treatment from the defendant healthcare provider, who later billed her some $8000 for her treatment. Three different insurance companies paid monies to the defendant towards the cost of the plaintiff’s care: her employer-sponsored medical plan, her husband’s medical plan, and her automobile insurance plan. According to the plaintiff’s complaint, which she filed in Tennessee state court, the defendant overcharged her for her care and commonly did the same to others. The plaintiff’s suit sought to assert the rights of a putative class of individuals who had been subjected to the defendant’s practices.
Continue reading →

Published on: May 13, 2019

Tennessee Court of Appeals Affirms $105,000 in Motor Vehicle Accident Case

By Mark Hartsoe

In an east Tennessee automobile accident case, an injured party may receive compensation for his or her medical expenses, lost earnings, pain and suffering, and other damages caused by a negligent driver.

If the plaintiff is found to be partially at fault in the accident, his or her judgment for compensation will be reduced in proportion to his or her fault. For example, if the court finds that the plaintiff’s total damages are $100,000 but he or she was 10% at fault, the net judgment will be $90,000.

It is important to note that this rule only applies to cases in which the plaintiff is found to have been less than 50% at fault; if the plaintiff is 50% or more to blame for an accident, he or she will not recover any compensation.

Continue reading →

Published on: April 27, 2019

Federal Court Rules that Most of Army’s Report Concerning Accident is Subject to Military Safety Privilege

By Mark Hartsoe

In a Knoxville personal injury lawsuit arising from a car accident or other vehicular collision, the burden is on the plaintiff to prove, by a preponderance of the evidence, that the defendant is legally liable for his or her medical expenses, lost wages, pain and suffering, and other damages stemming from the accident.

In litigating his or her claim, the plaintiff will likely pursue the discovery of evidence from a variety of sources, including governmental entities. While the law of evidence provides a basic structure for the resolution of these issues, some matters must be decided on a case-by-case basis.

A recent, rather unusual case arising from an accident in military vehicle is illustrative.

Continue reading →