Monday, April 26, 2010

Court reviews summary judgment ruling in a collision between an automobile and a pedestrian

DANNY J. PHILLIPS v. WILLIAM T. MULLINS (Tenn. Ct. App. April 26, 2010)

Danny J. Phillips ("Plaintiff") sued William T. Mullins ("Defendant") after a truck driven by Defendant struck and injured Plaintiff who was riding a bicycle. Defendant moved for summary judgment. After a hearing, the Trial Court entered an order granting Defendant summary judgment. Plaintiff appeals to this Court. We reverse the grant of summary judgment finding that there are disputed issues of material fact which preclude summary judgment.

Opinion may be found at:
http://www.tba2.org/tba_files/TCA/2010/phillipsd_042610.pdf

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