§49.3 Duty of Driver Generally
The Case : Van Sickel v. Howard, 882 S.W.2d 794 (Tenn. Ct. App. 1994).
The Basic Facts: The plaintiff was a passenger in a vehicle that was struck by an oncoming vehicle making a left-hand turn. The plaintiff alleged that as a result of the collision, she suffered from fibromyalgia. The jury apportioned ninety percent fault to the defendant and ten percent fault to the plaintiff's vehicle.
The Bottom Line:
- "Howard correctly cites Nash-Wilson Funeral Home, Inc. v. Greer, 417 S.W.2d 562 (Tenn. Ct. App. 1966) for the following:
[I]t being a basic requirement of due care in the operation of an automobile that the driver keep a reasonably careful lookout for traffic upon the highway 'commensurate with the dangerous character of the vehicle and the nature of the locality' (Hale v. Rayburn, [264 S.W.2d 230]), 'and to see all that comes within the radius of his line of vision, both in front and to the side.' Hadley v. Morris, [249 S.W.2d 295, 298]."882 S.W.2d at 798.
Recent Cases: Monypeny v. Kheiv, No. W2014-00656-COA-R3-CV, 2015 WL 1541333 (Tenn. Ct. App. April 1, 2015) (no directed verdict for defendant where there was evidence that plaintiff could not have seen defendant’s car before merging into traffic).