Capparella and Macdonald Secure Reversal of Summary Judgment in Wrongful Death Case

May 22, 2020

Donald Capparella and Kimberly Macdonald served as co-counsel alongside attorney Sean Martin in an appeal of the dismissal of a defendant in a wrongful death case. The driver who collided with the plaintiff’s vehicle, killing her, was both the son and the employee of the dismissed defendant. A Rutherford County Judge granted the father/employer defendant summary judgment, dismissing all claims against him. On appeal, counsel argued that the trial court erred when dismissing the claims of vicarious liability against the father/employer defendant. The Court of Appeals of Tennessee agreed with the plaintiff on all counts, reversing the trial court’s dismissal of the father/employer defendant and remanding for further proceedings.

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