Monday, October 25, 2010

Court reviews the denial of a motion for relief in a case involving a car accident.

STEPHEN BALL v. THEODORE SHOCKLEY (Tenn. Ct. App. October 25, 2010)

This is an appeal from the denial of a Rule 60.02 motion. The plaintiff sued the defendant for injuries arising out of a car accident. Several months later, the defendant filed a motion for summary judgment. The motion was not opposed, and was granted. The plaintiff later retained new counsel and filed a motion for relief pursuant to Rule 60.02 of the Tennessee Rules of Civil Procedure. The trial court denied the plaintiff's motion for relief, commenting that even if the order were set aside, it would nevertheless grant the motion. The plaintiff now appeals. We affirm, finding no abuse of discretion by the trial court.

Opinion may be found at:

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