Eden W. ex rel. Evans v. Tarr

OPINION

in which Brandon O. Gibson, J., and Kenny Armstrong, J., joined.

This is an action for damages arising from a motor vehicle accident in which a five-year-old child was struck after she ran into a roadway and in front of the Defendant/Driver’s truck in a residential neighborhood in Clarksville. The trial court granted Defendant/Driver’s motion for summary judgment upon determining that *694Defendant did not breach the duty of care as a matter of law. We reverse and remand for further proceedings.

The following background facts precipitating this lawsuit are not disputed. In May 2011, Eden W.,…