TENNESSEE FARMERS MUTUAL INSURANCE COMPANY A/S/O KENNETH L. COUCH v. JACKSON MADISON SCHOOL SYSTEM BOARD OF EDUCATION - Articles

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Posted by: Tanja Trezise on Jun 15, 2015

Court: TN Court of Appeals

Attorneys 1:

Jon A. York and Nathan D. Tilly, Jackson, Tennessee, for the appellant, Jackson Madison School System Board of Education.

Attorneys 2:

Jay G. Bush, Jackson, Tennessee, for the appellee, Kenneth L. Couch.

Judge(s): ARMSTRONG

This case arises from a non-contact accident between a John Deere crop sprayer and a school bus. The sprayer, which is insured by Tennessee Farmers Mutual Insurance Company as subrogee of the owner, Appellee Kenneth L. Couch, was driven by Mr. Couch‘s employee, Cameron Martin. The school bus, which is owned by Appellant Jackson Madison School System Board of Education, was driven by its employee, Lawrence Davis. The trial court held that Mr. Davis was negligent in failing to appreciate the situation so as to ?take reasonable action to avoid an accident.? We conclude that the evidence preponderates against the trial court‘s finding of negligence on the part of Mr. Davis. Accordingly, we reverse the judgment of the trial court and remand for entry of judgment in favor of Appellant.