S. CARMACK GARVIN, JR., ET AL. v. JOY MALONE - Articles

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Posted by: Chandra Williams on Feb 29, 2016

Court: TN Court of Appeals

Attorneys 1:

August C. Winter, Brentwood, Tennessee, for the appellants, S. Carmack Garvin, Jr. and Barbara F. Garvin.

Attorneys 2:

Russell E. Reviere, Keely N. Wilson, and Brandon W. Reedy, Jackson, Tennessee, for the appellee, Joy Malone.

Judge(s): BENNETT

Plaintiffs and Defendant were involved in a motor vehicle accident. Plaintiffs allege Defendant was negligent in causing her van to run into the rear of their car and that as a result of Defendant’s negligence, Plaintiffs suffered damages. During trial, Defendant introduced photographs of the vehicles taken immediately after the collision, which the trial court permitted, over Plaintiffs’ objection, for the purpose of impeaching Plaintiffs’ testimony. The evidence was heard by a jury, which determined Defendant was not at fault. Plaintiffs filed a motion for a new trial, which the trial court denied. On appeal, Plaintiffs argue the trial court erred by allowing the jury to consider Defendant’s photographic evidence for purposes of impeachment. We conclude the trial court did not err and affirm its judgment.

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