§ 49.3 Duty of Driver Generally

The Case: Van Sickel v. Howard, 882 S.W.2d 794 (Tenn. Ct. App. 1994). The Basic Facts: The plaintiff was a passenger in a vehicle that was struck by an oncoming vehicle making a left-hand turn. The plaintiff alleged that as a result of the collision, she suffered from fibromyalgia. The jury apportioned ninety percent fault to the defendant and ten percent fault to the plaintiff’s vehicle.

The Bottom Line:

• “Howard correctly cites Nash-Wilson Funeral Home, Inc. v. Greer, 417 S.W.2d 562 (Tenn. Ct. App. 1966) for the following:

  [I]t being a basic requirement of due care in the operation of an automobile that the driver keep a reasonably careful lookout for traffic upon the highway ‘commensurate with the dangerous character of the vehicle and the nature of the locality’ (Hale v. Rayburn, [264 S.W.2d 230]), ‘and to see all that comes within the radius of his line of vision, both in front and to the side.’ Hadley v. Morris, [249 S.W.2d 295, 298].”

  882 S.W.2d at 798.

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