Date of Case Completion:
May 13, 2021
Category:
Insurance Subrogation / Motor Vehicle Accident Defense
Summary:
In a dispute over a lane-change collision during rush hour on Interstate 40 in Nashville, McLemore Law PLLC successfully defended Danielle Sapore against a property damage claim brought by Tennessee Farmers Mutual Insurance Company. The court found that Sapore had the right of way and awarded property damage subrogation to Allstate in its countersuit.
Description:
Case Name:
Tennessee Farmers Mutual Insurance Company a/s/o Jenny Smith v. Danielle Sapore
&
Allstate Property and Casualty Insurance Company a/s/o Danielle Sapore v. Jenny Smith
Court: General Sessions Court for Davidson County, Tennessee at Nashville
Case Nos.: 20GC10247 & 20GC15620
The case arose from a February 27, 2020, rear-end collision during morning traffic near mile marker 214 on Interstate 40 in Nashville. Tennessee Farmers Mutual Insurance Company (TFMIC) claimed Danielle Sapore negligently rear-ended Jenny Smith during a lane change, while Allstate filed a countersuit asserting that Jenny Smith’s maneuver was unsafe and caused the accident.
At trial, McLemore Law PLLC presented evidence that Ms. Smith suddenly moved right, changed lanes in front of Ms. Sapore, and abruptly stopped—causing the front left of Sapore’s vehicle to contact the rear right of Smith’s vehicle.
The court concluded that Sapore had the right of way and that Smith failed to safely execute her lane change. As a result, the court issued a defense verdict against TFMIC’s claim and awarded subrogation damages to Allstate in the countersuit.