Tuesday, February 16, 2010

Court reviews summary judgment ruling in automobile accident case

SHEREE MACLEOD v. LORETTA McKENZIE (Tenn. Ct. App. February 16, 2010)

Plaintiff was injured in an accident while in an automobile operated by defendant. Plaintiff's action charges defendant with negligent operation of the motor vehicle, causing the accident and her resulting injuries. Defendant was operating her vehicle on a wet roadway. She skidded, which she claims was the sole cause of the accident. The Trial Court granted defendant summary judgment. On appeal, we hold that there are disputed issues of material fact as to whether defendant was negligent in the operation of her motor vehicle, independent of the vehicle's skidding, and remand the case for trial.

Full opinion may be found at:
http://www.tba2.org/tba_files/TCA/2010/macleods_021610.pdf

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