VOLODYMYR HELYUKH, ET AL. v. BUDDY HEAD LIVESTOCK & TRUCKING, INC., ET AL. - Articles

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Posted by: Landry Butler on Apr 24, 2017

Court: TN Court of Appeals

Attorneys 1:

Ronald J. Berke, Jeremy M. Cother, and Charles A. Flynn, Chattanooga, Tennessee, for the appellants, Volodymyr Helyukh, and Mariah Helyukh.

Attorneys 2:

R. Dale Thomas and Matthew R. Courtner, Jackson, Tennessee, for the appellee, Buddy Head Livestock & Trucking, Inc.

Gary M. Kellar and Lucas E.W. Jerkins, Nashville, Tennessee, for the appellee, Northland Insurance Company.

Judge(s): MCBRAYER

The plaintiffs appeal the grant of summary judgment in a negligence case. One of the plaintiffs, a truck driver, suffered injuries stemming from a collision with another tractor-trailer owned by the defendant and operated by its employee. The plaintiffs claimed that the employee's negligence proximately caused the accident. The owner of the overturned tractor-trailer moved for summary judgment on the ground that the plaintiffs could not establish that its employee's conduct fell below the applicable standard of care. The trial court agreed and granted summary judgment. On appeal, the plaintiffs argue, among other things, that owner of the overturned tractor-trailed failed to meet its burden of production in moving for summary judgment. Because we conclude that the movant failed to demonstrate the absence of material facts that would create genuine issues for trial, we reverse the grant of summary judgment.

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