Lipscomb v. Doe

Lipscomb has failed to show, as required by Tenn.Code Ann. § 56-7-1206(b), that the driver who struck her vehicle was unknown. I would therefore affirm the judgment of the Court of Appeals that Lipscomb is precluded from using the John Doe statute. I would, however, hold that Lipscomb is not required to show that the driver was “unknown” to invoke Tenn. Code Ann. § 20-1-119. I would therefore reverse the judgment of the Court of Appeals on this issue and remand to the trial court.

The “Unknown” Requirement

The majority correctly states that “[b]e-fore a plaintiff may recover in a ‘John Doe’…