Congrats to Reviere & Reedy on their win in the Tenn. Court of Appeals

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     Congratulations to RKRB Attorneys Rusty Reviere and Brandon Reedy, on their win in the Tennessee Court of Appeals in an opinion that was released on February 26, 2016.  The case arose out of plaintiffs’ allegations that they suffered damages as a result of defendant’s  negligence in causing her van to rear-end plaintiffs’ vehicle.  During trial, defendant introduced photographs taken immediately after the accident which showed minimal damage to the parties’ vehicles.  The trial court allowed the jury to consider the photographs, over the plaintiffs’ objections, for purpose of impeaching the plaintiffs’ testimony regarding the force of the impact they felt when defendant rear-ended their vehicle.  After considering all of the evidence presented, the jury returned a verdict in favor of the defendant finding that she was not a fault.  The plaintiffs filed a motion for new trial, which the trial court denied.  On appeal, the plaintiffs argued that the trial court erred by allowing the jury to consider the photographs to impeach their testimony in the absence of expert testimony establishing a correlation between the minimal damages to the vehicles and the injuries sustained by the plaintiffs.  The Court of Appeals held that the defendant was entitled to defend against plaintiffs’ allegations of negligence and to impeach the plaintiffs’ testimony with any relevant evidence, including photographs.  Since the plaintiffs failed to show that the trial court abused its discretion in allowing the jury to consider the photographs for purposes of impeaching their testimony regarding the impact they experienced as a result of the collision, the Court of Appeals affirmed the trial court’s judgment denying the plaintiffs’ motion for new trial.

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