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Fye v. Kennedy6/26/1998
APPEAL AS OF RIGHT FROM THE HAMILTON COUNTY CIRCUIT COURT
HONORABLE SAMUEL H. PAYNE, JUDGE
CAROL A. MUTTER
Lookout Mountain, Tennessee
VACATED IN PART AFFIRMED IN PART REMANDED FOR NEW TRIAL
This is a wrongful death and loss of services action that arose out of a two-vehicle accident. Following the second of two jury trials, the trial court, acting pursuant to Rule 50, Tenn.R.Civ.P., set aside the jury's verdict for the plaintiff, Edward Fye, and directed the entry of a judgment for the remaining defendants, Anne D. Kennedy and James D. Kennedy, III. Plaintiff appealed, raising two issues:
1. Did the trial court err in granting the Kennedys a directed verdict?
2. Did the trial Judge who presided over the first trial improperly limit the percentage of fault that could be assessed to the Kennedys in the second jury trial?
The Kennedys argue, by way of a separate issue, that the "trial court improperly applied the collateral source rule in determining the amount of damages to which plaintiff was entitled."
I.
This case finds its genesis in an April 30, 1991, accident involving a vehicle driven by the defendant Anne D. Kennedy ("Kennedy") -- in which vehicle the plaintiff's decedent, Barbara May Fye ("Fye"), was riding as a guest passenger -- and a vehicle driven by Jeffrey W. Keller ("Keller"). Just prior to the accident, Kennedy was proceeding east in the left through-traffic lane of 23rd Street in Hamilton County, approaching the intersection of 4th Avenue. At the same time, Keller was proceeding west on 23rd Street. As Keller approached the intersection, he moved his vehicle to the middle or turn lane of 23rd Street, intending to turn left onto 4th Avenue. 23rd Street has two lanes for traffic proceeding east and two lanes for traffic moving west. The through-traffic lanes are separated by a middle or turn lane. As Keller was turning left, his Chevrolet Blazer was struck in the right front quarter panel by the front of Kennedy's 1988 Chevrolet Suburban. As a result of the collision, Fye was seriously injured. She was hospitalized in the intensive care unit of Erlanger Medical Center, where she remained for just short of six months. She died from her injuries on October 20, 1991.
The plaintiff brought suit for his wife's wrongful death and for loss of services. In addition to Kennedy and Keller, the plaintiff named as defendants, (1) the owners of the two vehicles, (2) General Motors Corporation, and (3) Newton Chevrolet-GEO, Inc. The latter two defendants were sued on a number of theories, all of which were related to the plaintiff's contention that Fye's seat belt was defectively designed. The plaintiff claimed that Fye's injuries were enhanced because of the defectively-designed seat belt.
Prior to trial, Keller and his father settled their liability to the plaintiff for $1,500,000, and they were dismissed as defendants. Thereafter, the remaining claims proceeded to trial. Following a ten-day trial, the jury exonerated General Motors Corporation and Newton Chevrolet-GEO, Inc. On the verdict form, the jury reported that it found Kennedy, Keller, and Fye each guilty of negligence that was a proximate cause of the accident and Fye's injuries and death. It found the parties fault as follows:
Kennedy 1% Keller 90 Fye 9
Damages in the wrongful death case, without regard to fault, were set at $1,505,750. The loss of services claim was valued at $500,000.
On post-trial motion, the trial Judge, the Honorable William M. Barker, stated that while he could and would approve the jury's verdict with respect to dam
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