Date of Case Completion (Trial Court Judgment):
[Exact date not provided—before January 30, 2017 appellate affirmation]
Category:
Insurance Defense / Property Damage / Summary Judgment
Summary:
McLemore Law PLLC obtained summary judgment in favor of Kamal Brown, resulting in the dismissal of all claims brought by Sandra Prewitt in a dispute over vehicle value and extended loss-of-use damages. The plaintiff sought excessive compensation beyond the fair market value of her vehicle and attempted to claim loss of use for over three years.
Description:
Case Name: Sandra Prewitt and Candes Prewitt v. Kamal Brown
Court: Circuit Court of Davidson County, Eighth Circuit
Case No.: 13-C-2894
The case involved a dispute over the total loss of Sandra Prewitt’s 2008 Mitsubishi Galant following an automobile accident. Ms. Prewitt, represented by her daughter Candes Prewitt, claimed that she was entitled to the full loan payoff amount for the vehicle rather than its fair market value, and additionally sought loss-of-use damages exceeding $50 per day for a three-year period.
McLemore Law PLLC moved for summary judgment, arguing that under Tennessee law, compensation is limited to the fair market value of a totaled vehicle and that loss-of-use claims must be supported by concrete evidence of actual damages.
The Eighth Circuit Court, presided over by Judge Kelvin D. Jones, granted summary judgment, dismissing all of Sandra Prewitt’s claims. She later filed an appeal, which was affirmed by the Tennessee Court of Appeals on January 30, 2017, and ultimately rejected by the Tennessee Supreme Court on May 18, 2017 (see companion appellate articles).