KEVIN HUDSON v. KROGER LIMITED PARTNERSHIP I - Articles

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Posted by: Tanja Trezise on Nov 26, 2014

Court: TN Workers Comp Appeals

Attorneys 1:

S. Newton Anderson and Lance W. Thompson, Memphis, Tennessee, for the appellant, Kroger Limited Partnership.

Attorneys 2:

Christopher L. Taylor, Memphis, Tennessee, for the appellee, Kevin Hudson.

Judge(s): BLACKWOOD

An employee injured his head, neck, and back in a tractor-trailer accident while working for his employer. The employee was ultimately diagnosed with a nerve-entrapment condition, which the employer denied was caused by the accident. The trial court found in the employee’s favor and awarded benefits. The employer appeals asserting that the trial court erred in excluding the expert testimony of an accident reconstruction engineer on the issue of causation. After a thorough review of the record, we conclude that the trial court erred by excluding portions of the expert’s testimony. Despite the error, the judgment of the trial court is supported by a preponderance of the evidence and is affirmed.

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