By The Law Offices of John Day, P.C. on Jul 13, 2021 06:06 am
Where plaintiff only presented proof that his property was damaged during shipment but did not present any proof sufficient to allow the trial court to assess his damages, involuntary dismissal was affirmed. In Matthews v. UPS Store Center 3138, No. E2020-00255-COA-R3-CV (Tenn. Ct. App. June 25, 2021), plaintiff filed suit after his personal property was damaged during shipment. Plaintiff had taken a stereo receiver to defendant store to be shipped, and he purchased the packing materials recommended by the clerk. The store clerk packed the receiver, but plaintiff was later informed by the recipient that the receiver was damaged during the shipment. Plaintiff filed suit against the UPS store and the clerk in general sessions court, where he won, but he appealed to the circuit court for a new trial. After plaintiff closed his proof, defendants moved for dismissal, which the trial court granted and the Court of Appeals affirmed. The trial court granted dismissal based on plaintiff’s failure to present sufficient proof of his damages. Plaintiff argued that the trial court erred by excluding two affidavits from the recipient of the damaged package, as well as photographs of the damaged receiver. Without ruling on the admissibility of the excluded evidence, the Court ruled that dismissal was appropriate here. The Court explained: Continue reading
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