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Posted by: Suzanne Craig Robertson on May 11, 2017

Court: TN Court of Appeals

Attorneys 1:

Rocky McElhaney and Justin Hight, Nashville, Tennessee, for the appellant, Kim L. Higgs.

Attorneys 2:

J. Bart Pickett and Julie Bhattacharya Peak, Brentwood, Tennessee, for the appellee, John C. Green.

Judge(s): CLEMENT

This appeal arises from a two-car accident. In her complaint, Plaintiff alleged that the collision occurred because Defendant violated several statutory rules of the road by failing to yield the right of way and making a turn across traffic without confirming it was safe to do so. Defendant denied any negligence and claimed that Plaintiff was more than 50% at fault. Following a trial, the jury found that Plaintiff was 75% at fault; as a result, judgment was entered for Defendant. On appeal Plaintiff contends she is entitled to a new trial for two reasons. She contends the trial court abused its discretion by limiting the testimony of the investigating police officer to what the parties told him at the scene and to matters that are reflected in his accident report. She also contends she is entitled to a new trial due to jury misconduct. Finding no abuse of discretion, we affirm.