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Grandstaff v. Hawks5/31/2000
This appeal involves an automobile collision on the Carthage Highway in Wilson County in which one of the drivers was killed and the driver of the other vehicle and his passenger were injured. The passenger filed separate negligence actions against the drivers in the Circuit Court for Wilson County. These suits were consolidated with the suit involving the two drivers' negligence claims against each other. After being instructed to allocate the fault among both drivers and the passenger, a jury apportioned 49% of the fault to each driver and 2% of the fault to the passenger. In response to post-trial motions filed by the two drivers and the passenger's uninsured motorist carrier, the trial court determined that it had erred by instructing the jury to include the passenger in the allocation of fault. Instead of granting a new trial, the trial court vacated the judgments for the two drivers and remitted the passenger's damages from $138,218.37 to $75,000. On this appeal, the passenger's uninsured motorist carrier takes issue with the trial court's failure to order a new trial; while the passenger takes issue with the remittitur. While we have determined that the trial court's instructions regarding the allocation of fault were incorrect, we conclude that the error, in light of the circumstances of this case, did not affect the judgment. We have also concluded that the evidence supports the suggested remittitur. Accordingly, we affirm the judgment ordering the passenger's uninsured motorist carrier to pay the passenger $37,500.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed
Koch, J., delivered the opinion of the court, in which Cantrell, P.J., M.S. and Cain, J. joined.
OPINION
On August 28, 1994, two vehicles collided near the intersection of Carthage Highway and Spring Creek Road in Wilson County. One vehicle, a maroon 1993 Chevrolet pickup truck driven by Jack Dempsey Forrest, was traveling west on Carthage Highway. The other vehicle, a white 1987 Lincoln Town Car being driven by 81-year-old William H. Hawks, was turning onto Carthage Highway after stopping at a stop sign on Spring Creek Road. Mr. Hawks was killed, and Mr. Forrest and his passenger, Jean Marie Grandstaff, were injured. Ms. Grandstaff struck the windshield of Mr. Forrest's truck and sustained cuts and bruises on her face, shoulder, and hip. The force of the collision also aggravated a pre-existing lower back injury that had rendered Ms. Grandstaff unable to work since December 1992. Mr. Forrest later died for reasons unrelated to the collision.
Mr. Hawks was insured by Tennessee Farmers Mutual Insurance Company ("Tennessee Farmers"). Mr. Forrest was not insured, but Ms. Grandstaff was insured by State Farm Mutual Insurance Company ("State Farm"). Both Mr. Hawks' and Ms. Grandstaff's insurance policies provided uninsured motorist coverage.
Ms. Grandstaff filed suit against Mr. Hawks in the Circuit Court for Wilson County, giving appropriate notice to State Farm as her uninsured motorist carrier. Thereafter, Mr. Forrest sued Mr. Hawks alleging that Mr. Hawks had run a stop sign and had failed to yield the right-of-way. Mr. Hawks counterclaimed against Mr. Forrest for speeding. After Ms. Grandstaff sued Mr. Forrest, the trial court consolidated these actions for trial. Neither Mr. Hawks nor Mr. Forrest claimed that Ms. Grandstaff was in any way responsible for the collision. The lawyers for Messrs. Hawks and Forrest and for Ms. Grandstaff took primary responsibility for conducting the litigation. State Farm, exercising its statutory prerogatives, chose to remain an unnamed defendant and limited its participation at trial.
Ms. Gran
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