In a help to injured motorists who face the challenge of a summary judgment motion, the Court of Appeals has overturned a trial court’s dismissal of an injured motorist’s lawsuit where questions of fact existed.
The Court found that the question of fact centered on whether one of the drivers “took appropriate action” when confronted with an accident ahead on the interstate. The case was sent back to the trial court level to be sent to the jury for a determination of whether one of defendant drivers could have driven “through the accident scene without stopping” and for a determination of the “reasonableness” of the defendant driver’s actions. Long v. Greyhound Lines, Inc., No. M2012-02677-COA-R3-CVb (Tenn. Ct. App. June 19, 2013).