Keener v. Morgan

This is a motor vehicle accident case filed pursuant to the Tennessee wrongful death statute.1

Jurisdiction is based upon diversity of citizenship. Tennessee law controls. Erie Railroad Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938).

Plaintiff Michael L. Keener was driving his van northbound on interstate highway 1-75 in East Tennessee. In the, van were Keener’s wife, Judy, their five weeks old daughter, Dena Renee, and their son. At about 5:30 a.m., Keener’s van was struck in the rear by a truck owned by one defendant and driven by the other defendant. Dena Renee was thrown…