You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Varner v. Perryman

Citation: Not availableDocket: 03A01-9706-CV-00238

Court: Court of Appeals of Tennessee; July 12, 1995; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In a Tennessee Court of Appeals case, Richard and Teresa Varner filed a lawsuit following a motor vehicle accident involving Stephanie K. Perryman, who was driving a vehicle owned by Farmhouse Foods. The trial court attributed 90% fault to Farmhouse Foods and 10% to Perryman, awarding damages to the Varners. Farmhouse Foods appealed, challenging the fault allocation, but the appellate court affirmed the trial court's decision under a de novo review standard, finding the allocation supported by evidence. The court also addressed the admissibility of medical expenses under T.C.A. 24-5-113, affirming the sufficiency of lay testimony for Richard Varner's injuries and the expert testimony for Teresa Varner's injuries. The appellant's argument to reduce the judgment by prior settlements with other defendants was rejected, with the court emphasizing the principles of Tennessee's comparative fault system. The appellees' request for discretionary costs was denied, and the trial court's ruling was upheld, with appellate costs assigned to the appellants.

Legal Issues Addressed

Admissibility of Medical Expenses under T.C.A. 24-5-113

Application: Richard Varner and Teresa Varner's medical expenses were admitted as prima facie evidence, supporting the claims for damages.

Reasoning: Richard Varner sustained a bruised abdominal muscle from the accident, incurring $628.75 in medical bills, which were admitted as prima facie evidence under T.C.A. 24-5-113.

Allocation of Fault in Motor Vehicle Accidents

Application: The trial court found Farmhouse Foods 90% at fault and Stephanie K. Perryman 10% at fault for the accident, based on the obstructed view caused by the parked trucks.

Reasoning: The trial judge found Farmhouse Foods to be 90% at fault and Perryman 10% for the accident that occurred when Perryman attempted to turn left onto East Main Street but was unable to see oncoming traffic due to parked trucks, including Farmhouse's truck.

Causation and Lay Testimony in Personal Injury

Application: Richard Varner's lay testimony was sufficient to establish causation for his visible injury, despite the appellant’s contention.

Reasoning: The appellant contended that Varner did not sufficiently demonstrate causation, but the law permits lay testimony regarding visible injuries.

Comparative Fault and Settlement Reductions

Application: The court rejected appellant's claim to reduce the judgment by the amounts settled with other defendants, consistent with the comparative fault system.

Reasoning: Appellant contends that the Trial Court wrongly refused to reduce the judgment against Farmhouse by the amounts previously settled with defendants Hale Brothers and Perryman, citing T.C.A. 29-11-105(2)(b) from the Uniform Contribution Among Tortfeasors Act.

Discretionary Costs in Civil Litigation

Application: The trial court's decision to deny discretionary costs was upheld, as there was no evidence of an abuse of discretion.

Reasoning: Furthermore, the appellees' request for discretionary costs was denied by the Trial Court, which is within its discretion, and there is no evidence of an abuse of that discretion.

Proximate Cause and Expert Testimony

Application: Teresa Varner's chiropractor testified that the accident was the proximate cause of her injuries, supporting her claims for damages.

Reasoning: Her chiropractor, Dr. Unferth, testified that the accident was the proximate cause of her injuries, and the Trial Judge found this credible.

Standard of Review for Trial Court Findings

Application: The appellate court reviewed the trial court's findings under a de novo standard, affirming the lower court's decision as the evidence supported the fault allocation.

Reasoning: The appellate court reviewed the trial court's findings under a de novo standard, presuming the trial court's decisions were correct unless the preponderance of evidence suggested otherwise.