Tuesday, March 2, 2010

TCA affirms dismissal because there was no offer of proof

HOPE DENTON v. JAMES G. HAGGARD (Tenn. Ct. App. May 20, 2009)

Evidence of defendant's prior traffic violations was excluded by the trial court in an automobile accident case. Plaintiff appealed. We affirm due to plaintiff's failure to make an offer of proof.

At trial the jury found both parties equally at fault and the case was dismissed. The Plaintiff moved for a new trial which was denied. Plaintiff appealed based on disallowed evidence of defendant's driving record. TCA finds that no offer of proof was made, thus the issue of excluded evidence is waived.

The full text of this appeal may be found at the TBA website:

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