§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).

After an accident, many injury victims and their families want more information on the accident and their legal rights. Consequently, many of them have found their way to these pages. While we are happy you are here, please understand Day on Torts: Leading Cases in Tennessee Tort Law was written to be a quick, invaluable reference for Tennessee tort lawyers. While the book provides the leading case for more than 300 tort law subjects and thousands of related case citations, it is not a substitute for personalized legal advice from a qualified lawyer.

Rather than researching these legal issues alone, we urge you to contact one of our award-winning lawyers who can sit down with you, review your case, answer your questions and clearly explain your rights and your options in a no-cost, no-obligation consultation. Our experienced attorneys handle all personal injury and wrongful death cases on a contingency basis, so we only get paid if we win. If for any reason you are unable to come to our office, we will gladly come to you.

To schedule an appointment, contact us online or call us at 615-742-4880 or toll-free at 866-812-8787.



The foregoing is an excerpt from Day on Torts: Leading Cases in Tennessee Tort Law, published by John A. Day, Civil Trial Specialist, Fellow in the American College of Trial Lawyers, recipient of Best Lawyers in America recognition, Martindale-Hubbell AV® Preeminent™ rated attorney, and Top 100 Tennessee Mid-South Super Lawyers designee. Read John’s full bio here.

To order a copy of the book, visit www.dayontortsbook.com. John also blogs regularly on key issues for tort lawyers. To subscribe to the Day on Torts blog, visit www.dayontorts.com.

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