By The Law Offices of John Day, P.C. on Dec 11, 2024 06:04 am
A pro se plaintiff without expert evidence could not support her claim that her car was repaired negligently. In Jiang v. Furness d/b/a Premium Auto Repair, No. M2023-01554-COA-R3-CV (Tenn. Ct. App. Nov. 19, 2024), the plaintiff had her car repaired by the defendant and subsequently suffered damages. She then filed suit for negligence and violations of the Tennessee Consumer Protection Act (TCPA). At the close of the plaintiff’s proof during a jury trial, the trial court granted a directed verdict to the defendant on both claims. That ruling was affirmed on appeal. To prove negligence, a plaintiff must have evidence of causation. The plaintiff attempted to introduce three exhibits at trial. The window sticker from when she purchased her car and the repair bill was allowed into evidence. The third exhibit, however, contained hearsay and was not permitted. The plaintiff did not call any expert witnesses to testify on her behalf. Both the trial court and the Court of Appeals agreed that even considering the evidence in the light most favorable to the plaintiff, “[a] reasonable juror could not find causation from this window sticker and repair bill.” (internal citation omitted).
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