Tennessee Supreme Court

William Gayle Warren, Plaintiff-Appellant v. the Estate of Jerry N. Kirk, Deceased and Belton Duncan D/b/a Delta…

October 27, 19971997 Tenn. LEXIS 512

Summary

The Tennessee Supreme Court reversed the lower courts and held that summary judgment was improper because genuine issues of material fact existed regarding whether the deceased driver was acting within the scope of his employment, making the vehicle owner potentially liable under Tenn. Code Ann. §55-10-311.

Holding

  • Whether proof of ownership of a vehicle under Tenn. Code Ann. §55-10-311 constitutes prima facie evidence of a master‑servant relationship that defeats a summary‑judgment motion.. The Court held that proof of ownership is only prima facie evidence and may be rebutted; therefore it does not automatically defeat summary judgment.
  • Whether genuine issues of material fact exist as to whether Kirk was acting within the course and scope of his employment at the time of the accident.. The Court held that genuine issues of material fact do exist, so summary judgment was improper.

Cited authorities

  • Tenn. R. Civ. P. 56.03
  • Tenn. Code Ann. § 55-10-311
  • Tenn. Code Ann. § 55-10-311
  • Tenn. Code Ann. § 55-10-311
  • Tenn. Code Ann. § 55-10-311
  • Tenn. Code Ann. § 55-10-311

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