Saying You're Sorry Doesn't Always Mean You're Sorry--Eastern Section Affirms MVA Defense Verdict

LEONA RUTH SALYER, ET. AL. v. COURTNEY L. LINNEN
Court: TN Court of Appeals

Attorneys:

Thomas C. Jessee and Thomas D. Dossett, Kingsport, Tennessee, for the appellants, Leona Ruth Salyer and Jack Salyer.

Jack M. Vaughn and Cory Swainston, Kingsport, Tennessee, for the appellee, Courtney L. Linnen.

Judge: MCCLARTY

is is a personal injury action in which Plaintiff sued Defendant for injuries she sustained as a result of a two-vehicle accident. The jury found the parties equally at fault, and the trial court affirmed the jury’s verdict. On appeal, Plaintiff argues that the verdict was contrary to the weight of the evidence and that the trial court erred in limiting testimony concerning Defendant’s acceptance of fault at the scene of the accident. We affirm.

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Salyer v. Linnen

This case is confusing on the facts of the accident. I can see where the jury had a hard time and simply apportioned the fault 50/50. The plaintiff's arguments were really simply a "weight of the evidence" (not going to win many of those) and an argument that the judge had limited some proof on admission of fault by the defendant driver. However, the Court couldn't find anything in the record where the Trial Judge limited the proof. The case has a discussion on what is a frivolous appeal (denied).