Date of Case Completion:
May 18, 2017
Category:
Appellate Litigation / Insurance Defense / Property Damage
Summary:
McLemore Law PLLC secured a decisive appellate victory for Kamal Brown, culminating in the Tennessee Supreme Court’s denial of Sandra Prewitt’s application for appeal. The courts upheld the dismissal of all claims, including bad faith, property damage, and loss of use, stemming from a June 2013 motor vehicle accident.
Description:
Case Name: Sandra Prewitt and Candes Prewitt v. Kamal Brown et al.
Court: Supreme Court of Tennessee at Nashville
Supreme Court Case No.: M2016-00874-SC-R11-CV
Appealed From: Eighth Circuit Court of Davidson County (Judge Kelvin D. Jones)
This case originated from a June 1, 2013 motor vehicle accident that resulted in Sandra Prewitt’s vehicle being totaled. Ms. Prewitt demanded that Kamal Brown pay off her entire car loan and claimed loss of use for over three years. Mr. Brown’s insurer had already paid the fair market value of the vehicle to her lienholder, DriveTime.
The Tennessee Court of Appeals affirmed the trial court’s dismissal of her claims on January 30, 2017, finding that Ms. Prewitt offered no credible evidence disputing the fair market valuation or establishing any actual loss-of-use damages. The court also rejected her attempt to claim more than $50/day in rental compensation retroactively for several years and affirmed dismissal of her bad faith and direct action claims against Mr. Brown’s insurer, citing a lack of legal foundation under Tennessee law.
After a denied Petition for Rehearing, Ms. Prewitt filed an Application for Permission to Appeal to the Tennessee Supreme Court. On May 18, 2017, the Supreme Court denied her request, finalizing the dismissal of all claims.