Legal Opinion

Mitchell v. Archibald

Court of Appeals of Tennessee

Decided January 28, 1998No. 01A01-9706-CV-00264PublishedCited by 60 opinions

1Opinion of the Court

OPINION

KOCH, Judge.

This appeal involves the admissibility of an audio recording of the statement of an eyewitness to an accident involving a bicyclist and a city-owned dump truck. The bicyclist filed suit against the city and the driver of the truck in the Circuit Court for Davidson County. When the only disinterested eyewitness to the accident disclosed during the trial that intervening brain surgery had impaired his memory, the trial court permitted the defendants to introduce an audio recording of a statement given by the witness less than one week after the incident. The trial court,…

2Cases cited15 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. State v. PruettTennessee Supreme Court · 1990
  3. Tenn-Tex Properties v. Brownell-Electro, Inc.Tennessee Supreme Court · 1989
  4. State v. CokerTennessee Supreme Court · 1987
  5. Bingham v. Dyersburg Fabrics Co., Inc.Tennessee Supreme Court · 1978

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3Cited by60 opinions

  1. Wells v. Tennessee Board of RegentsTennessee Supreme Court · 1999
  2. ARC LifeMed, Inc. v. AMC-Tennessee, Inc.Court of Appeals of Tennessee · 2005
  3. State of Tennessee v. Marlo DavisTennessee Supreme Court · 2015
  4. In re M.A.R.Court of Appeals of Tennessee · 2005
  5. In Re Estate of HaskinsCourt of Appeals of Tennessee · 2006

55 more not listed; retrieve them via the Exa API.

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