FMS Partners Beverly D. Nelms and Benjamin C. Mullins recently obtained a defense verdict for an individual defendant in a tort action seeking five million dollars in damages.

The case involved a plaintiff who fell-off the back of a golf cart operated by the defendant at the Bristol Motor Speedway in August 2008. The plaintiff suffered a traumatic brain injury and a fractured femur and claimed ongoing problems associated with these injuries, including avascular necrosis of the hip and permanent cognitive impairment, including the loss of the ability to taste and smell. The case was tried over six days in Sullivan County, Tennessee, before a twelve-person jury. The jury, after deliberating for three hours, returned a verdict stating that both the plaintiff and the defendant were equally at fault for the cause of the accident; therefore, under Tennessee law, the plaintiff made no recovery.

Since the jury’s verdict, the trial court has awarded defendant a substantial portion of his discretionary costs and denied Plaintiffs’ Motion for Re-trial.

A copy of the Final Judgment is found Here.