420 S.W.3d 742
Tenn. Ct. App.2013Background
- Ambulance operated by Hardeman County EMS collided with Judy McIntyre’s Town Car on Tate Road near Jones Road, Whiteville, while responding to an emergency call.
- Ambulance was traveling westbound, decelerated for the turn, then attempted to pass a stopped vehicle; McIntyre attempted to turn left onto Jones Road and collided with the ambulance.
- Lawsuits were filed by Hardeman County for damages to personnel and property; McIntyre and her husband filed a separate complaint; cases were consolidated in 2011.
- Bench trial held May 15, 2012; evidence included eyewitness testimony, ambulance crew testimony, and photographs showing vehicle damage; defendant ambulance driver not served in the case.
- Trial court found ambulance driver breached the duty of care by traveling at an excessive speed and allocated 60% fault to ambulance driver, 40% to McIntyre, and awarded McIntyre damages totaling $86,488.13, reduced by her fault.
- Appellants appealed; the court of appeals reversed and remanded, concluding ambulance driver did not breach the duty and that Hardeman County is entitled to damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did ambulance breach the duty of care by speed? | McIntyre argues ambulance speed violated due care standards. | Ambulance driver may exceed speed limits when responding to emergencies but must exercise due regard for safety. | No breach; speed within reasonable emergency conduct; evidence does not support excessive speed. |
| Was there evidence of due regard and safe conduct under 55-8-108? | Ambulance driver's speed and maneuvers endangered others. | Statute allows emergency privileges with due regard for safety; no reckless disregard proven. | Ambulance acted with due regard; privileges not a license for reckless conduct. |
| May speed be inferred from photographs alone? | Damage photos show a high-impact collision indicating excessive speed. | Photographs alone insufficient; must be supported by other evidence. | Insufficient to infer excessive speed; weight of evidence does not support breach. |
Key Cases Cited
- Giggers v. Memphis Hous. Auth., 277 S.W.3d 359 (Tenn. 2009) (negligence elements; duty and breach standard in Tennessee)
- McClung v. Delta Square Ltd. P'ship, 937 S.W.2d 891 (Tenn. 1996) (reasonable care; danger and risk proportional to circumstances)
- Haynes v. Hamilton County, 883 S.W.2d 606 (Tenn. 1994) (circumstances to determine emergency vehicle conduct; weather/road relevance)
- Templeton v. Quarles, 374 S.W.2d 654 (Tenn. Ct. App. 1964) (speed inferences may be drawn from impact and related factors)
- Nash v. Love, 440 S.W.2d 593 (Tenn. Ct. App. 1968) (speed inferred from circumstances where skid marks or other evidence exist)
- Kowalski v. Eldridge, 765 S.W.2d 746 (Tenn. Ct. App. 1988) (emergency vehicle passing left; reasonable safety considerations under duty of care)