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Secrest v. Haynes9/8/2003
Background
This lawsuit involves a multi-vehicle automobile accident. Secrest filed a lawsuit in the General Sessions Court for Marshall County against Tera Haynes ("Ms. Haynes"), whom Secrest claimed was negligent and responsible for the accident, as well as Terry Haynes, the owner of the automobile driven by Ms. Haynes. A couple of months later, Secrest filed a separate lawsuit in the same Court against Kenneth Smith ("Smith"), claiming he also was negligent and caused the accident. Smith also filed suit against Tera and Terry Haynes seeking compensation for damage to his vehicle resulting from the accident.
After the various lawsuits were consolidated, a trial took place in the General Sessions Court. A copy of the transcript of this trial has not been included in the record on appeal. We do know, however, that: (1) the General Sessions Court Judge found in favor of Ms. Haynes, Terry Haynes, and Smith in the lawsuits filed against them by Secrest; and (2) the lawsuit filed by Smith against Ms. Haynes and Terry Haynes was dismissed for "failure of proof."
The General Sessions Court lawsuits were appealed to the Marshall County Circuit Court. Terry Haynes then filed a separate lawsuit for property damage against Smith, Secrest, and her son, Tony Secrest ("Mr. Secrest") who was driving Secrest's car at the time of the accident. All of these lawsuits were consolidated and a bench trial was conducted on January 25, 2002.
Smith testified that on the day of the accident, he was driving a 1992 Ford Ranger. He described the road conditions as "the slickest road I had ever been on." The accident occurred between 6:00 and 6:30 p.m., and it was dark outside. There was a vehicle traveling behind him just before the accident. After the accident he learned this vehicle behind him was a Honda Accord driven by Mr. Secrest and owned by Secrest. Smith testified he was going between 20 to 25 miles per hour and was traveling down a hill when the accident occurred. According to Smith, he first noticed the Chevy Blazer being driven by Ms. Haynes " hen I saw her headlights pointed at my door." Smith stated it looked like the Haynes vehicle "just jumped out from under her. It turned sideways about a 45 degree angle and started across our lane of traffic." According to Smith, the accident then occurred in Smith's lane of travel. The left front of the driver's side of the Haynes vehicle impacted with Smith's driver's door down to the back bumper. Smith testified the Secrest vehicle behind him was following at a safe distance. After Smith's and Haynes' vehicles hit, Smith stopped his vehicle at the bottom of the hill. He looked back up the hill and could see the other wrecked vehicles. On cross-examination, Smith admitted he could have been traveling as fast as 30 miles per hour. Smith did not recall seeing a vehicle in front of the Haynes vehicle although he could not definitively state there was not one.
The next witness was Mr. Secrest. Mr. Secrest testified the accident occurred while he was returning home from work and while he was traveling behind the Smith vehicle. According to Mr. Secrest:
As I was going on [Highway] 99, after we turned on, I seen Ms. Haynes lose control of her vehicle and hit Mr. Smith in the side; and as I was coming down, I was trying to ease to the shoulder of the road, and her vehicle kept coming, and I struck Ms. Haynes and knocker her in the ditch. I went sideways and stayed in the road....
Mr. Secrest stated he could not recall seeing any vehicles in front of the Haynes vehicle. Although the road was covered with snow and he could not see the road markings, Mr. Secrest claimed Smith did not leave their lan
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