SHERMAN MATTHEWS v. UPS STORE CENTER 3138 ET AL. - Articles

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SHERMAN MATTHEWS v. UPS STORE CENTER 3138 ET AL.

Posted by: Tanja Trezise on Jun 25, 2021

Court: TN Court of Appeals

Attorneys 1: Sherman Matthews, Chattanooga, Tennessee, pro se appellant.

Attorneys 2: Gary S. Napolitan and Terri L. Daugherty, Chattanooga, Tennessee, for the appellees, UPS STORE CENTER 3138 and Jason Delaney.

Judge(s): MCBRAYER

A store clerk packaged a customer’s personal property for shipment. When the property was damaged during shipment, the customer sued the store and the clerk for compensatory damages. At the close of the plaintiff’s proof, the defendants moved to dismiss because the plaintiff did not come forward with sufficient proof of damages. The trial court granted an involuntary dismissal. See Tenn. R. Civ. P. 41.02(2). On appeal, the plaintiff argues that the trial court erroneously excluded his evidence. We conclude that the excluded evidence, if admitted, would not have affected the outcome. So we affirm.

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