Date of Case Completion:
September 19, 2019
Category:
Motor Vehicle Accident Defense / Summary Judgment / Mechanical Failure Defense
Summary:
McLemore Law PLLC secured summary judgment for David M. Campbell and David K. Campbell in a contested negligence and reckless driving lawsuit. The court found that an unforeseen mechanical failure, paired with the plaintiff’s admission that he fell asleep while driving, defeated all claims of liability and warranted dismissal of the case.
Description:
Case Name: Christopher West v. David M. Campbell and David K. Campbell
Court: Circuit Court of Wilson County, Tennessee at Lebanon
Case No.: 16-CV-566
This case arose from a November 19, 2015 motor vehicle accident on Carthage Highway in Wilson County, Tennessee. Plaintiff Christopher West filed suit alleging negligence, negligence per se, negligent entrustment, and reckless driving against David M. Campbell (driver) and his father, David K. Campbell (vehicle owner).
The Ford F-150 truck being operated by David M. suffered an unexpected total electrical failure, stalling in the roadway. David moved the truck partially off the road, exited the vehicle, and actively flagged traffic with a flashlight. Despite these efforts, the plaintiff collided with the trailer after cresting a hill. At the scene, Mr. West admitted to falling asleep while driving.
McLemore Law demonstrated that the Campbells had no prior knowledge of the electrical failure and had properly maintained the vehicle. The court concluded that the plaintiff failed to present sufficient evidence of negligence, and cited Tennessee law confirming that injuries alone do not imply fault.
On September 19, 2019, the Court granted summary judgment in favor of both defendants and dismissed the plaintiff’s claims with prejudice.