Monday, January 30, 2012

Court reviews whether the trial court properly dismissed an uninsured motorist claim

SHAVON HURT v. JOHN DOE, ET AL. (Tenn. Ct. App. January 17, 2012)

Plaintiff filed a personal injury action arising out of a pedestrian-vehicle collision, naming as defendant the owner of the car that allegedly struck the plaintiff. After discovery, plaintiff amended the complaint to add "John Doe/Jane Doe" as a defendant and served process on her uninsured motorist carrier. Plaintiff subsequently settled with the named defendant and dismissed the action against that defendant; the uninsured motorist insurance carrier then filed a motion to dismiss the uninsured motorist claim. The trial court granted the motion, holding that, in light of the settlement, the uninsured motorist claim no longer existed and dismissed the case. We find that the court erred in dismissing the case.

Opinion available at:

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