Date of Case Completion:
May 10, 2023
Category:
Insurance Subrogation / Motor Vehicle Accident Defense
Summary:
In a two-part subrogation dispute stemming from a December 2021 intersection collision, McLemore Law PLLC secured a defense verdict for Floyde Batson against Tennessee Farmers Mutual Insurance Company’s claims. The Court found that Batson lawfully entered the intersection on a yellow light, while the opposing driver, Allison Hood, failed to ensure the roadway was clear. In the countersuit, the Court awarded property damage recovery to Allstate on behalf of Batson.
Description:
Case Name:
Tennessee Farmers Mutual Insurance Company a/s/o Allison Hood v. Floyde Batson
and
Allstate Property and Casualty Insurance Company a/s/o Floyde Batson v. Allison Hood
Court: General Sessions Court for Montgomery County, Tennessee at Clarksville
Case Nos.: GS-22-CV-4685 & GS-22-CV-8070
The case centered around a December 18, 2021 vehicle accident at the intersection of 9th Street and College Street in Clarksville, Tennessee. Tennessee Farmers Mutual Insurance Company (TFMIC) filed a property damage subrogation claim against Floyde Batson, asserting she negligently entered the intersection and collided with a Jeep driven by Allison Hood. Allstate, subrogated for Batson, filed a countersuit for damages.
At trial, McLemore Law PLLC established that Ms. Batson lawfully entered the intersection under a yellow light and had nearly cleared all four lanes when she was struck in the rear passenger side by Ms. Hood’s vehicle. The firm emphasized that Tennessee law does not require a stop on yellow if the vehicle has already crossed the stop bar, and that drivers entering on green must still confirm the intersection is clear.
The Court agreed, finding no evidence Batson ran a red light. The judge issued a defense verdict for Batson in the original claim brought by TFMIC and awarded Allstate damages in the counterclaim against Ms. Hood.