Brigid M. Carpenter Obtains Defense Verdict in Tennessee State Court
March 2, 2016 08:04 AM
IADC member Brigid Carpenter, a shareholder at Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. in Nashville, obtained a defense verdict after a four-day trial in Williamson County, Tennessee state court. The case was filed in 2009 and had been before the Tennessee Court of Appeals twice during its pendency. The plaintiffs' 16 -year-old son struck and killed a motorcyclist in 2008, and the plaintiffs had a $100,000 automobile liability insurance limit. After paying out of pocket to settle the wrongful death claim with the motorcyclist's widow, the plaintiffs immediately sued their insurance agent and insurance company, claiming that the agent should have recommended and/or selected higher liability limits and an umbrella policy for the plaintiffs. They claimed that the agent had assumed a duty to conduct reviews of their insurance and therefore had a duty to make certain they had "adequate" insurance. The jury disagreed and returned a full defense verdict.