ULYSSES DURHAM, JR. EX REL. ULYSSES DURHAM, III, A MINOR v. JOHN NOBLE, ET AL. - Articles

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Posted by: Tanja Trezise on Aug 3, 2012

Head Comment: CORRECTED OPINION AS FOLLOWS: On page 4, paragraph 2, line 8, "capacity of negligence" should read "capacity for negligence"; On page 6, paragraph 3 under B. Apportionment of Fault Between the Parties, line 2, "top at the stop sign" should read "stop at the stop sign".

Court: TN Court of Appeals

Attorneys 1:

Donald N. Capparella, Amy J. Farrar, Jeffery Shane Roberts, and Jonathan Levoy Griffith, Nashville, Tennessee, for the Appellants, Ulysses Durham, III, a minor, by next friend, Ulysses Durham, Jr., and Kimberly Durham.

Attorneys 2:

Richard W. Rucker, Murfreesboro, Tennessee, for the Appellee, John Noble and the City of Murfreesboro.

Judge(s): DINKINS

This appeal arises out of a lawsuit brought by the parents of a minor child who was struck by a school bus while riding his bicycle. The matter proceeded to a bench trial, and the trial court found that the child was 58% percent at fault for the accident and that the defendants were 42% at fault; judgment was entered in favor of the defendants. Plaintiffs appeal. The trial court’s finding that the child was negligent was proper, and the evidence does not preponderate against the court’s allocation of fault between the parties; the judgment is affirmed in all respects.

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