Date of Final Ruling:
September 29, 2014
Category:
Auto Accident Defense / Appellate Victory / Trial Verdict
Summary:
McLemore Law PLLC successfully defended Melissa Lynn Parks in a high-stakes auto accident case in Cumberland County, Tennessee, where the plaintiff sought $5 million in damages. After a full jury trial and appeal, McLemore Law helped secure a complete defense victory, with the jury assigning 50% fault to the plaintiff—barring any recovery.
Description:
Case Name: Amber L. Bilbrey et al. v. Melissa Lynn Parks et al.
Court: Circuit Court for Cumberland County, Tennessee
Docket No.: CV-00-5252
The case stemmed from a serious March 11, 2010, accident in which Amber Bilbrey’s vehicle, disabled on U.S. 70 after running out of gas, was struck by a vehicle driven by Melissa Parks. Both parties claimed significant injuries and blamed each other for the crash.
The trial focused on contested facts, including:
Whether Bilbrey’s vehicle was in the active lane of travel
Whether her hazard lights were functioning
How much time Parks had to avoid the collision
Whether alternative areas were available to pull off the roadway
Ms. Bilbrey sought $5,000,000 in compensatory and punitive damages, while Ms. Parks counter-claimed for $1,000,000 in damages. McLemore Law, serving as co-counsel for the defense, engaged in comprehensive trial preparation and strategy.
Following a weeklong trial before Judge Amy T. Hollars, the jury found Ms. Bilbrey to be 50% at fault, disqualifying her from recovering any damages under Tennessee’s comparative fault law.
On appeal, Ms. Bilbrey challenged the trial court’s rulings, including:
The admission of testimony from a state trooper who referenced a voice recording with a damaging admission
The reading of deposition testimony from Ms. Bilbrey’s boyfriend, Kyle Culver
McLemore Law argued before the Tennessee Court of Appeals on June 18, 2014. On September 29, 2014, the appellate court affirmed all trial rulings, and no further appeal was sought—making the defense victory final.