Boshears v. Brooks

2 Citing cases

  1. Elliott v. Monger

    No. W2023-01783-COA-R3-CV (Tenn. Ct. App. Dec. 10, 2024)

    Indeed, this Court has applied the rule in cases following McCall. See generally Boshears v. Brooks, No. E2015-01915-COA-R3-CV, 2016 WL 3704487 (Tenn. Ct. App. July 6, 2016); Smith v. Gen. Tire, No. M2012-01446-COA-R3-CV, 2013 WL 2395047 (Tenn. Ct. App. May 30, 2013); Schwandner v. Higdon, No. M2010-00910-COA-R3-CV, 2011 WL 1630982 (Tenn. Ct. App. Apr. 26, 2011), perm. app. denied (Tenn. Aug. 25, 2011); Beasley v. Amburgy, 70 S.W.3d 74 (Tenn. Ct. App. 2001), perm. app. denied (Tenn. Feb. 11, 2002).

  2. McKenzie v. Women's Health Servs. - Chattanooga, P.C.

    No. E2017-00091-COA-R3-CV (Tenn. Ct. App. Aug. 20, 2018)   Cited 1 times

    The jury was correctly instructed that "[a] sudden emergency will not excuse the actions of a person whose own negligence created the emergency." In Boshears v. Brooks, No. E2015-01915-COA-R3-CV, 2016 WL 3704487, at *6 (Tenn. Ct. App., filed July 6, 2016), we addressed and upheld the same instruction, stating: The doctrine of sudden emergency does have provision for fault or negligence on the part of the individual whose conduct is at issue.