Monday, April 19, 2010

Court reviews trial court's determination that plaintiff's injury was the result of an automobile accident

EFFIE RIVERS v. NORTHWEST TENNESSEE HUMAN RESOURCE AGENCY (Tenn. Ct. App. April 19, 2010)

This is a personal injury case. The defendant's employee negligently backed the defendant's vehicle into the vehicle in which the plaintiff was a passenger. Prior to the accident, the plaintiff had reported discomfort in her shoulders to her physician. At some point after the accident, the plaintiff reported to her physician that she had pain in her right shoulder. Ultimately, the plaintiff required shoulder replacement surgery. The plaintiff sued the defendant for negligence. The parties stipulated to the defendant's liability, and a bench trial was held on causation and damages. Based in part on deposition testimony of physicians, the trial court found that the accident caused the plaintiff's injury and the ensuing surgery and entered judgment for the plaintiff. The defendant appeals. We affirm.

Opinion may be found at:
http://www.tba2.org/tba_files/TCA/2010/riverse_041910.pdf

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