Tuesday, July 13, 2010

Court reviews causation in an automobile accident case

GLENDA HAMPTON v. NORTHWEST TENNESSEE HUMAN RESOURCE AGENCY (Tenn. Ct. App July 13, 2010)

This is a personal injury case. The Appellant/Defendant's employee backed a van into a vehicle which the Appellee/Plaintiff was driving. Until the accident, the Plaintiff had not had any problems with her right shoulder. The morning after the accident the Plaintiff had pain and soreness in her shoulder. She was treated by three different orthopedic surgeons and ultimately had arthroscopic right shoulder surgery. The parties stipulated to liability. However, the Defendant disputed causation. A bench trial was held and the trial court found that the accident caused the Plaintiff's shoulder injury which necessitated the shoulder surgery. Defendant appealed from the trial court's judgment. We affirm.

Opinion may be found at:
http://www.tba2.org/tba_files/TCA/2010/hamptong_CORR_071510.pdf

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