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Roberts v. Davis8/7/2001
On May 17, 1995, Plaintiff Janice Roberts and her husband Max Nichols were involved in an automobile accident with the Defendant Food Lion, Inc. and their driver Stevie D. Davis. The accident occurred on Interstate 24. Plaintiff Roberts sued the Defendants in the Circuit Court of Davidson County seeking a recovery of $270,000 for injuries and various amounts of damages she sustained as a result of the accident. A bench trial was held on May 1, 2000. On May 4, 2000 the trial court by Memorandum and Order found that Plaintiff Roberts was entitled to recover $25,000 for reasonable and necessary medical expenses, pain and suffering and loss of enjoyment of life, and for some diminution in earning capacity. On June 2, 2000 Plaintiff Roberts filed a motion for new trial, which was subsequently denied by the trial court on July 7, 2000. This appeal followed. Plaintiff Roberts insists that the trial court erred in not granting a motion for continuance; not allowing the deposition testimony of a witness; in its award of damages; and by not allocating monies for future medical expenses.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed
Don R. Ash, Sp . J., delivered the opinion of the court, in which FARMER, J., and HIGHERS, J joined.
OPINION
I.
In order to put this transaction into perspective, some background information will assist in the process. On May 17, 1995, appellant Janice F. Roberts ("Ms. Roberts") was involved in an automobile accident on Interstate 24. Ms. Robert's automobile was struck in the rear by the appellee Stevie D. Davis ("Mr. Davis"). Mr. Davis was driving a semi-tractor owned by Food Lion. Both parties were traveling in the same direction when the accident occurred. The impact of the collision caused Ms. Robert's vehicle to travel several feet before coming to rest on the median. Ms. Roberts was able to exit the car under her own control, however, upon the urging of medical personnel, she was transported to Vanderbilt Medical Center ("Vanderbilt"). Ms. Roberts spent several hours at the hospital where she was examined and x-rayed. Vanderbilt noted no evidence of serious head injuries and released her.
Soon after the accident, Ms. Roberts consulted her chiropractor, Dr. Chris Banning ("Dr. Banning"), concerning her injuries. Ms. Roberts had been seeing Dr. Banning on a regular basis prior to the accident. Dr. Banning treated Ms. Roberts for a year and a half before referring her to Dr. Anderson, a neurologist, for further testing. Dr. Anderson conducted several tests and analysis of Ms. Roberts. Dr. Anderson continued to treat Ms. Roberts for roughly two and a half years before referring her to a neuropsychologist, Dr. Jim Olson. Dr. Olson specializes in managing chronic pain. However, during this time, Ms. Roberts was involved in a subsequent accident involving another tractor-trailer on September 25, 1997. There is existing litigation in Rutherford County regarding that matter.
On May 1, 2000, the Honorable Judge Walter Kurtz held a bench trial concerning the accident. Following a portion of the proof, Ms. Roberts intended to call Dr. Olson as a witness to testify on her behalf. Ms. Roberts and her counsel were unable to locate him. Subsequently, Ms. Roberts asked the court for a recess and the recess was granted. Following the recess and the remainder of the trial, Ms. Roberts was not able to produce Dr. Olson. At that point, Ms. Roberts moved to include Dr. Olson's deposition into the record as an exhibit. The trial court denied Ms. Robert's motion to admit the deposition because Ms. Roberts could not produce a copy of the return summons delineating there had in fact been on serv
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