By The Law Offices of John Day, P.C. on Jul 11, 2025 06:05 am
Where a trial court’s ruling that a plaintiff’s rotator cuff injury was not caused by a car accident was not supported by the evidence, the ruling was reversed. In Payne v. Shelby County, Tennessee, No. W2024-00641-COA-R3-CV (Tenn. Ct. App. May 23, 2025), the plaintiff was riding in the front of a small bus while helping to transport a patient as part of her job as a certified nursing assistant. She was buckled with a lap belt. While stopped at a red light, a deputy sheriff stopped in a car behind the bus began moving and struck the back of the bus. The airbags in the rear car did not deploy, but the car was inoperable and had to be towed. The plaintiff declined ambulance transport but took herself to a medical center to be examined that day. She complained of neck and low back pain, and she was seen at an emergency room later than evening. The next morning, she went to the recommended follow up visit and complained of back, neck and shoulder pain. Over the next few weeks, the plaintiff was seen for follow up visits, and she eventually saw an orthopedic surgeon. The surgeon clinically diagnosed her with a rotator cuff tear and recommended an MRI. Based on the MRI and clinical findings, the plaintiff had surgery on her rotator cuff three months after the automobile accident.
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