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Troi Bailey, Sprint Logistics& Sprint Warehouse & Cartage v. City of Lebanon
Citation: Not availableDocket: M2001-00641-COA-R3-CV
Court: Court of Appeals of Tennessee; January 9, 2002; Tennessee; State Appellate Court
Original Court Document: View Document
The Court of Appeals of Tennessee upheld a trial court ruling in favor of Troi Bailey and Sprint Logistics, LLC, awarding damages after a motor vehicle accident involving a City of Lebanon garbage truck. The incident, which occurred on February 9, 1999, involved Raymond A. Evans, Jr., an employee of the City, who collided with Bailey's tractor-trailer while attempting to make a right turn. Bailey claimed damages for personal injuries, medical expenses, and lost wages, while Sprint sought compensation for property damage. Witness testimonies conflicted regarding the specifics of the accident, particularly concerning the positions of the vehicles prior to the collision. The trial court found the City of Lebanon liable, awarding Mr. Bailey $63,000 for various damages and Sprint $31,279.50 for property damage, while attributing 10% fault to both Bailey and Sprint. The appellate court affirmed the trial court's judgment. The City of Lebanon contests several findings from the trial court. Firstly, it argues that the court erred in awarding Mr. Bailey $15,000 for lost wages, claiming his credibility and the basis for his wage calculations were impeached. Mr. Bailey, who was employed by Sprint and worked part-time for a limousine service, claimed lost wages totaling $16,000 to $17,000 from Sprint and $7,500 to $8,000 from the limousine service. The trial judge accepted Mr. Bailey's testimony despite discrepancies with his W-2 statements, asserting that these statements were not definitive proof and that he found Mr. Bailey's account credible. Secondly, the City contends that Mr. Bailey’s lack of credibility undermines his testimony regarding the negligence of the City’s truck driver in causing the accident. The trial judge, however, deemed Mr. Bailey's testimony credible and attributed fault to the City. Lastly, the City challenges the trial court's conclusion that Sprint met its burden of proof regarding the City’s negligence, arguing this was unsupported due to Mr. Bailey's alleged lack of credibility. The trial judge based his finding of negligence on Mr. Bailey’s testimony, police officers’ accounts, and physical evidence, which the appellate court found sufficient to uphold. The appellate review confirmed the trial court's findings, affirming the decision and remanding the case for further proceedings, with the City of Lebanon responsible for the costs of the appeal.