By The Law Offices of John Day, P.C. on Mar 14, 2025 06:33 am
In a negligence case, a brief reference to the lottery during opening statements and an unintentional mention of employment benefits that paid partial wages during the plaintiff’s time off work were not enough to require overturning the jury verdict for defendant. In Campbell v. T.C. Restaurant Group, LLC, No. M2024-00362-COA-R3-CV (Tenn. Ct. App. Mar. 4, 2025), the plaintiff filed a negligence claim against a musician and the bar at which he performed. When the musician did a birthday shoutout on stage, the plaintiff climbed onto the stage. The plaintiff stated that the musician grabbed her, spun her around, and then dropped her off the stage. The musician testified that he tried to guide the plaintiff off the stage, but she was drunk and stepped off the stage, causing her to fall. The plaintiff hit her head and was diagnosed with a concussion several days later. At trial, the plaintiff’s credibility was called into question when her testimony regarding her medical status appeared to conflict with online videos that had been posted showing her dancing. The jury returned a verdict for the defendant, finding that the musician was not at fault for the plaintiff’s injuries. The plaintiff moved for a new trial, citing two errors: 1) a reference during opening statements that the plaintiff hoped to be “a lottery lawsuit winner,” and 2) an alleged violation of the collateral source rule. The trial court denied the motion, and the Court of Appeals affirmed the jury’s verdict.
Read in browser »
 
Recent Articles:
| 